Appeal from the Circuit Court of Cook County. Honorable James L. Harris, Judge Presiding.
Presiding Justice Greiman delivered the opinion of the court: Rizzi, J., and Tully, J., concur.
The opinion of the court was delivered by: Greiman
PRESIDING JUSTICE GREIMAN delivered the opinion of the court:
Following a bench trial, defendant Karen Stingley, who appeared pro se, was convicted of theft and criminal damage to property for taking certain items and damaging certain property belonging to defendant's landlord Jessie Mosely. The sentencing order states that defendant was placed on one year social service supervision and ordered to pay restitution in the amount of $2,150.
On appeal, defendant primarily asserts that the restitution should be vacated based on alleged improper conduct at the sentencing hearing. Defendant also contends and the State agrees that the amount of restitution on the sentencing order ($2,150) does not conform to the amount ordered by the trial court at the sentencing hearing ($650) and thus that order should be amended to state $650.
We vacate the imposition of any restitution because the record reveals that the trial court only imposed a sentence of one year social service supervision.
At trial, Jessie Mosely testified that she owned a three-story building and lived on the first floor. Defendant rented the second-floor unit. On November 15, 1994, Mosely evicted defendant. Mosely testified that on the day of eviction, defendant stole two chandeliers and baseboard heating covers. Also defendant damaged the bathroom walls, the bathtub and walls with spray paint. Subsequently, on November 19, defendant returned to the apartment accompanied by five persons and broke four doors in the building. Mosely testified that the repairs for the property damage amounted to $443 and $123.
After Mosely testified, defendant declined the court's invitation to question Mosely. The court then asked defendant to recount what happened.
Defendant denied taking the chandeliers and testified that they were broken by the sheriff's personnel who evicted her on November 15. Defendant testified that the apartment did not have any covers on the baseboard heaters and the ones referred to by Mosely were not in the apartment. The doors, according to defendant, were damaged by her estranged husband prior to the eviction date.
The court entered a finding of guilty to the charge of theft and criminal damage to property, ordered a presentence investigation report and continued the matter for sentencing on March 15, 1995. On appeal, defendant does not challenge the finding of guilty.
The presentence investigation report revealed that defendant had no criminal background and was 27 years old, a divorced mother of three children and pregnant with a due date in July 1995. Defendant graduated from high school and attended college for three years. Defendant had been unemployed about six months but had worked at various jobs from 1983 to 1994. Until she was laid off due to downsizing in July 1994, defendant last worked at G. Heilman Brewing Company in Rosemont as a systems manager. Defendant had no current income but said she was able to meet her financial obligations. The victim impact statement which was attached to and referenced in the presentence report stated that Ms. Mosely incurred a financial loss of $2,800, including $1,300 for the loss of two months' rent.
The entire sentencing proceeding on March 15, 1995, is as follows:
"THE CLERK: Karen Stringley [sic].
[THE STATE]: A letter from Ms. J. Washington, your Honor. And $20 and 69.30, bathroom wall, tile $250, dryer was jammed, $250, paint and ...