(Download) "People v. Spears" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Spears
- Author : Supreme Court of Illinois
- Release Date : January 30, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is an appeal from a judgment of the circuit court of Lake County dismissing defendant's post-conviction petition. On
July 22, 1965, the defendant, who was 16 years old, and three co-defendants pleaded guilty to a charge of robbery. After a
denial of a motion for probation, defendant was remanded to the custody of the Illinois Youth Commission (hereinafter the
Commission) (Ill. Rev. Stat. 1965, ch. 38, par 119-2(c)), and his co-defendants, who had attained the age of 17, were sentenced
to the penitentiary for a term of 2 to 4 years. Ill. Rev. Stat. 1965, ch. 38, par. 119-2(a). On October 15, 1967, the Commission (the authority then vested with such powers) filed a petition requesting that the defendant,
who then was 18 years old, be transferred to the penitentiary. This petition alleged, inter alia, that the defendant was not
responsive to the Commission's rehabilitation program; that on several occasions defendant was paroled only to be returned
because he failed to properly adjust to parole; and finally, the other youths who were in the Commission's custody at Sheridan,
Illinois, were fearful of defendant because of his physical assaults upon them. After hearing evidence and argument on the
petition, the trial court held that the material allegations were true and ordered that the defendant be transferred to the
penitentiary where he is presently incarcerated.