People v. Smithson

On May 27,1975, the defendant, David Smithson, was sentenced to two concurrent 5-year probationary terms, following his plea of guilty to two counts of burglary. (Ill. Rev. Stat. 1975, ch. 38, par. 19 — 1.) As a condition of his probation, defendant was to serve the first four months of the sentence in the Cook County Jail, considered served as actually having been served. On March 5,1976, defendant pled guilty to rape and deviate sexual assault. (Ill. Rev. Stat. 1975, ch. 38, pars. 11 — 1, 11 — 3.) After accepting this guilty plea, the trial court sentenced defendant to a term of 4 to 6…