Appellate Court of Illinois, 1972

People v. North

People v. North
Appellate Court of Illinois · Decided February 1, 1972 · Guild
278 N.E.2d 401; 3 Ill. App. 3d 428; 1972 Ill. App. LEXIS 1816 (North Eastern Reporter, Second Series)

People v. North

Opinion

Mr. JUSTICE GUILD

delivered the opinion of the court:

Defendant was found guilty of burglary by a jury verdict on May 17, 1968, and was placed on probation June 14, 1968. Twenty days thereafter, on July 3, 1968, his probation was revoked on the basis of criminal violations, and on September 9, 1968, he was sentenced to two to five years in the Illinois State penitentiary. The sole issue presented to this court is whether defendant’s probation was properly revoked.

We find that under the factual situation in this case that the question presented has become moot. The question of his guilt or innocence of the charge of burglary is not now and never was invoked at the hearing on revocation of his probation. The defendant has long since been transferred from the penitentiary to which he was sentenced and is presently on parole.

Appeal dismissed.

SEIDENFELD, P. J., and ABRAHAMSON, J„ concur.

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