State v. Stewart

Defendant appeals from the imposition of a term of imprisonment received as a result of his probation revocation. He contends that the circuit court erred when it resentenced him to a term of imprisonment greater than his original sentence.

In March 1974 the court suspended imposition of sentence for the crime of second degree assault and placed defendant on probation for a period of three years.

As the result of an alleged second degree theft and an alleged attempted theft in the first degree, both arising out of the theft of a bicycle, an order to show cause why defendant’s probation should…