People v. Herrin

JUSTICE SCHMIDT,

specially concurring:

I concur with the majority’s opinion that defendant’s probation was improperly terminated. However, I disagree with the majority’s analysis and, therefore, write separately.

Defendant’s initial contention is that the trial court lacked authority to act upon the petition to revoke her probation when it entered its November 20, 2006, order. As this contention raises a question of law, we review it de novo. People v. Caballes, 221 Ill. 2d 282, 289, 851 N.E.2d 26, 31 (2006).

Defendant’s argument is based on the theories and reasoning discussed in People v.…