Legal Opinion · Dissent

People v. Shook

Appellate Court of Illinois

Decided July 28, 1980No. 79-162Published

1DissentJustice Harrison

I respectfully dissent.

The majority approaches this case from a jurisdictional perspective and holds that the trial court would be without authority to reduce or modify the 60-day jail sentence at the end of the two-year probationary term since such a proceeding would not be initiated within 30 days after the sentence was imposed. (See Ill. Rev. Stat., 1978 Supp., ch. 38, par. 1005 — 8—1(c).) Finding the sentence to be of a nature other than periodic imprisonment and therefore not subject to modification as such under section 5 — 7—2 of the Unified Code of Corrections (Ill. Rev. Stat., 1978…

2Cases cited3 opinions

  1. People v. HansonAppellate Court of Illinois · 1977
  2. People v. GonzalezAppellate Court of Illinois · 1976
  3. People v. MercerAppellate Court of Illinois · 1976

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API