People v. Boucher

This is an appeal from an order revoking defendant’s probation for petty theft and sentencing him to serve one year in the Cook County JaU. On appeal, the defendant argues that his rights under the IUinois and United States Constitutions were violated when his probation was revoked for faUure to make restitution payments when the only reason for said failure was his indigency.

The defendant was originally charged by indictment with grand theft in violation of section 16 — 1 of the Criminal Code. (Ill. Rev. Stat. 1969, ch. 38, par. 16 — 1.) On April 26, 1971, the defendant requested a…