People v. Allen

Defendant, James E. Allen, was found guilty by a jury of the offense of theft of use of property in violation of section 16 — 3(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 16 — 3(a)) and sentenced to conditional discharge for a period of two years with the conditions that defendant pay a fine of $750 and make restitution in the amount of $234. He appeals.

The State has filed a motion to dismiss the appeal for want of jurisdiction and we have taken the motion with the case. Relying on People v. Boston, 27 Ill. App. 3d 246, 327 N.E.2d 40 (hereinafter Boston), the State…