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12/31/87 the People of the State of v. Phillip J. Followell

December 31, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

PHILLIP J. FOLLOWELL, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

518 N.E.2d 706, 165 Ill. App. 3d 28, 116 Ill. Dec. 84 1987.IL.1989

Appeal from the Circuit Court of Sangamon County; the Hon. C. Joseph Cavanagh, Judge, presiding.

APPELLATE Judges:

JUSTICE SPITZ delivered the opinion of the court. GREEN, P.J., and KNECHT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

In informations filed in Sangamon County on March 5, 1980, defendant Phillip Followell was charged with two burglaries. Defendant pleaded guilty to the charges and petitioned for treatment under the Dangerous Drug Abuse Act (Ill. Rev. Stat. 1981, ch. 91 1/2, par. 120.1 et seq.). On March 13, 1981, the defendant was placed on probation for five years and was placed under the supervision of the Department of Mental Health for drug treatment. A petition to revoke probation for treatment as a drug addict and for resentencing was filed on April 20, 1981. The petition alleged that the defendant had violated the terms of his probation by voluntarily leaving the Lake Villa facility of the Gateway House on April 8, 1981, where he had been placed for drug abuse treatment. A hearing on the petition to revoke probation was not held until November 18, 1986. The following quote is a transcript of the entire probation revocation proceeding:

"THE COURT: Show present in court in person the defendant accompanied by Attorney Harvatin, and the People represented by Assistant State's Attorney Michelich. Cause called in connection with the following by the State of a petition to revoke probation in each of these cases, is that correct?

STATE'S ATTORNEY: That is correct, Your Honor. The defendant was granted probation for purposes of treatment as a drug addict by Judge Bean in 1981.

THE COURT: All right, and has the defense had an opportunity to examine the contents of the petition?

DEFENSE COUNSEL: Yes, Your Honor, we have.

THE COURT: What is the defense's position in connection with the petition?

DEFENSE COUNSEL: We would accept the petition as well taken.

THE COURT: Confess the ...


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