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11/01/96 PEOPLE STATE ILLINOIS v. ANDRIAN K.

November 1, 1996

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
ANDRIAN K. WILLIAMS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of the 10th Judicial Circuit, Tazewell County, Illinois. No. 95--CF--200. Honorable Robert Cashen, Judge Presiding.

Released for Publication December 11, 1996.

Present - Honorable William E. Holdridge, Presiding Justice, Honorable Michael P. McCUSKEY, Justice, Honorable Kent Slater, Justice. Presiding Justice Holdridge Delivered The Opinion OF The Court. McCUSKEY and Slater, JJ., concurred.

The opinion of the court was delivered by: Holdridge

PRESIDING JUSTICE HOLDRIDGE DELIVERED THE OPINION OF THE COURT:

Defendant Adrian K. Williams pleaded guilty to retail theft, a Class 3 felony (720 ILCS 5/16(A)--3(a), 10(3) (West 1994)). In exchange for the plea, the State agreed to a sentencing cap of seven years in the Department of Corrections (DOC) and the dismissal of a charge of burglary. The court accepted defendant's plea and subsequently sentenced him to a 3-year prison term, followed by a consecutive, 30-month period of probation. On appeal, defendant argues that the trial court exceeded its sentencing authority. We affirm.

FACTS

Defendant was charged with entering a Radio Shack store in Pekin, Illinois, and stealing amplifiers. At the guilty plea proceedings, the court admonished defendant that his sentence would be limited to a maximum of seven years' imprisonment. Following further admonishments, the court accepted defendant's plea and ordered a presentencing report. The report disclosed that the 28-year-old defendant had numerous convictions for prior offenses, including burglary, theft, forgery, robbery and retail theft. He served prison terms for the last two offenses. He also has an eight-year history of drug addiction.

At the sentencing hearing, defense counsel recommended that the sentence include a period of inpatient drug treatment and aftercare. The State recommended a seven-year term of imprisonment. The court then sentenced defendant to 3 years in prison, followed by 40 months of probation with treatment for drug and alcohol addictions.

Defendant filed a motion to reconsider sentence on grounds that the probationary period (1) exceeded the maximum for a Class 3 felony; and (2) could not be imposed consecutive to imprisonment for the same offense. Following a hearing, the court modified the probationary period to 30 months, but denied defendant's request to vacate probation.

ARGUMENT(S) AND ANALYSIS

On appeal, defendant contends that imprisonment with a consecutive term of probation is prohibited by section 5--8--4 of the Unified Code of Corrections (Code) (730 ILCS 5/5--8--4 (West 1994)) where such sentence is imposed for a single offense. In so arguing, defendant relies primarily on People v. Patterson, 213 Ill. Dec. 35, 276 Ill. App. 3d 107, 658 N.E.2d 505 (1995). In response, the State argues that the trial court's disposition was appropriate pursuant to sections 5--5--3(b) and 5--6--2(b) of the Code (730 ILCS 5/5--5--3(b), 6--2(b) (West 1994)). The State relies on People v. Wendt, 163 Ill. 2d 346, 645 N.E.2d 179, 206 Ill. Dec. 174 (1994).

1. The Statutes

Section 5--5--3 sets forth allowable sentencing dispositions and expressly permits the trial court to combine ...


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