(DOWNLOAD) "People v. Burke" by Reversed in Part, Vacated in Part, And Remanded Illinois Appellate Court ? Fourth District Affirmed in Part # Book PDF Kindle ePub Free
eBook details
- Title: People v. Burke
- Author : Reversed in Part, Vacated in Part, And Remanded Illinois Appellate Court ? Fourth District Affirmed in Part
- Release Date : January 16, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Defendant was convicted by a jury of the offenses of possession of cannabis, possession of cannabis with intent to deliver, and possession of a controlled substance (LSD). (Ill. Rev. Stat. 1983, ch. 56 1/2, pars. 704(d), 705(d), 1402(b).) Judgment was entered on the latter two convictions. Defendant was sentenced to concurrent terms of four years' probation on the conviction for possession of cannabis with intent to deliver, and 2 1/2 years' probation on the conviction of possession of a controlled substance. As a condition of each probation, she was ordered to serve six months in the county jail, with the first 30 days to be served forthwith, and the last five months to be served at the end of each probationary term, which could be vacated by the court upon its finding that there had been no violations of probation. The court further found the defendant in a position to pay costs of suit, and ordered her to do so during the four-year term of probation, including as a part of costs the court-appointed counsel fees of $2,230.34. Defendant appeals from the judgment of the circuit court of Piatt County, arguing: (1) She was not proved guilty beyond a reasonable doubt; (2) she was denied a fair trial by the prosecutor's comments in closing argument that the presumption of innocence lasted only ""until we say different,"" and argument of facts not in evidence; (3) the court erred in sentencing her to a term of probation in excess of that permitted for the offense of possession of cannabis with an intent to deliver; (4) the court abused its discretion in sentencing her to any term of imprisonment as a condition of her probation; and (5) the court erred in ordering recoupment under section 113-3.1(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1983, ch. 38, par. 113-3.1(a)), by failing to conduct a hearing before ordering the payment, and in the absence of evidence demonstrating her ""foreseeable ability to pay.""