People v. Kaplan

Defendant appeals from an order denying his petition to vacate the order of October 5, 1970, revoking probation and sentencing defendant to one to three years in the penitentiary.

On April 17, 1968, defendant pleaded guilty in the Criminal Division to a charge of aggravated battery and received five years’ probation. On May 28,1970, he pleaded guilty in the Municipal Division to charges of battery and resisting arrest and was placed on three years’ probation with the first 90 days in the House of Correction.

On August 12, 1970, the probation department applied for a rule to show cause why…