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02/03/87 the People of the State of v. George Brechon

February 3, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

GEORGE BRECHON, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

503 N.E.2d 871, 151 Ill. App. 3d 1040, 105 Ill. Dec. 31 1987.IL.119

Date Filed: February 3, 1987; Modified on Denial of Rehearing February 25, 1987.

Appeal from the Circuit Court of Ogle County; the Hon. Alan Cargerman, Judge, presiding.

APPELLATE Judges:

Justice Inglis delivered the opinion of the court. Lindberg, P.J., and Nash, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

This is an appeal from an order of the circuit court of Ogle County revoking the probation of the defendant, George Brechon, and sentencing him to two years in the Department of Corrections.

On June 5, 1984, the defendant pleaded guilty to the offenses of unlawful possession of more than 500 grams of cannabis (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 704(e)) and theft (Ill. Rev. Stat. 1981, ch. 38, par. 16-1(a)(1).). On November 8, 1984, he received concurrent sentences of probation. He was also ordered to perform 40 hours of public service and pay a fine of $500.

On July 3, 1985, the State's Attorney filed an amended petition to revoke probation which, in pertinent part, charged as follows:

"As a condition of his probation, the defendant was not to leave the State of Illinois without the consent of the Court. In violation of this order, the defendant on or about June 28, 1985, left the State of Illinois and went to the State of Minnesota without the Court's permission.", Defendant's defense was that he thought he had permission to attend Army Reserve at Camp Ripley, Little Falls, Minnesota.

This court notes that other petitions to revoke defendant's probation had been filed charging more serious offenses, but the State elected not to proceed on the petitions, and they will not be considered on appeal.

The facts are undisputed that defendant had been in the Army Reserve for 16 years and was ordered to go to reserve camp at Camp Ripley, Little Falls, Minnesota, from June 28 to July 14, 1986. There is no question that he did in fact attend camp.

Jill Evans, the defendant's probation officer testified that the defendant had reported to her on June 10, 1985. She had been on the job since May 6, 1985, and the June 10 meeting was her first interview with defendant. Her testimony, in pertinent part, provides:

"Q. Did you docket anything or do you remember anything about George Brechon saying to you that he ...


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