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PEOPLE v. TIPTON

Nos. 53959, 54148 cons.

88 Ill.2d 256 (1981)

430 N.E.2d 1023

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. BILL TIPTON, Appellee. THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMIE L. RICHARDSON, Appellant.

Supreme Court of Illinois.

Rehearing denied January 29, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and Nicholas G. Byron, State's Attorney, of Edwardsville (Melbourne A. Noel, Jr., Thomas E. Holum, and Carolyn B. Notkoff, Assistant Attorneys General, of Chicago, and Martin N. Ashley and Christopher S. Carroll, of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

John H. Reid and Randy E. Blue, Deputy Defenders, and Richard J. Bennett, Assistant Defender, of the Office of the State Appellate Defender, of Mt. Vernon, for appellee.

Mary Robinson, Deputy Defender, and Marilyn Martin, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield (Melbourne A. Noel, Jr., Thomas E. Holum, and Carolyn B. Notkoff, Assistant Attorneys General, of Chicago, of counsel), for the People.

Appellate court reversed; circuit courts affirmed.

JUSTICE UNDERWOOD delivered the opinion of the court:

We granted leave to appeal and consolidated these cases to consider whether a trial court has authority to impose as a condition of probation a term of delayed imprisonment to be served during the final months of the probation period. In cause No. 53959 defendant Bill Tipton was convicted in the circuit court of Madison County of unlawful delivery of what...

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