People v. Pierce

Mr. PRESIDING JUSTICE PERLIN

delivered the opinion of the court:

Following a second bench trial defendant, David Pierce, was convicted of battery (Ill. Rev. Stat. 1977, ch. 38, par. 12 — 3(a)(1)) and sentenced to one year probation on condition that he be incarcerated for the first 30 days. On appeal, defendant contends that his sentence was not proper because it exceeded the sentence imposed at his first trial before that judgment was vacated. He also argues that he was entitied to credit for the time he was on probation between entry of judgment thereon and its subsequent vacatur; the State…