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People v. Brechon
Citations: 151 Ill. App. 3d 1040; 503 N.E.2d 871; 105 Ill. Dec. 31; 1987 Ill. App. LEXIS 3815Docket: No. 86-0051
Court: Appellate Court of Illinois; February 3, 1987; Illinois; State Appellate Court
An appeal was made regarding the circuit court of Ogle County's decision to revoke George Brechon’s probation and sentence him to two years in the Department of Corrections. Brechon had previously pleaded guilty to unlawful possession of cannabis and theft, receiving concurrent probation sentences along with public service and a fine. The State's Attorney filed a petition to revoke probation, citing Brechon’s unauthorized departure from Illinois to Minnesota for Army Reserve duties. Brechon claimed he believed he had permission to attend this camp, having discussed it with both his probation officer and counselor. Testimony indicated he communicated his plans and had a history of managing similar situations while on probation. The trial court, however, ruled that he wilfully violated his probation conditions. The appellate court found this ruling unsupported by a preponderance of evidence, noting the testimony of both Brechon and his counselor contradicted the trial court's findings. Additionally, the appellate court directed the trial court to correct the mittimus to reflect the theft conviction as a Class 4 felony. Consequently, the judgment of the circuit court was reversed, vacated, and remanded with directions.