People Ex Rel. Carey v. Bentivenga

This original proceeding for the issuance of a writ of mandamus is brought by the State’s Attorney for Cook County (petitioner) to compel Judge Vincent Bentivenga of the circuit court of Cook County (respondent) to expunge an order entered by him in a criminal proceeding. The order granted William Siedlecki (defendant) probation upon being found guilty of burglary by respondent in a bench trial.

The portions of the statutes with which we are concerned read as follows:

“A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the following…