People v. Di Costanzo

The defendant, Salvatore Di Costanzo, was placed on concurrent one-year terms of probation for battery (Ill. Rev. Stat. 1983, ch. 38, par. 12 — 3(a)(1)) and criminal damage to property not exceeding $300 (Ill. Rev. Stat. 1983, ch. 38, par. 21 — 1(a)). One of the conditions of each sentence of probation was that he serve the final 60 days of the year in jail. Prior to the commencement of the period of incarceration, a hearing was held on the question of whether the jail sentence should be remitted. The court ordered the defendant to serve the 60 days in jail, and the defendant appeals,…