(Court opinion corrected 6/21/19.) Defendant pled guilty to threatening a public official and was sentenced to 30 months' probation. The next month, he was indicted for armed robbery and resisting a peace officer, and State filed petition to revoke his probation. Defendant was convicted, after jury trial, of armed robbery and resisting a peace officer, and court granted State's petition to revoke probation. Court erred by ordering restitution without stating whether it was to be paid in a lump sum or by installments. Court was required by statute to include when and how restitution was to be paid. Court's discussion of Defendant's background, conduct in the jail, and conduct that led to revocation of probation was appropriate because it illustrated why court's initial decision to place Defendant on probation for threatening a public official was the wrong response. (HOLDER WHITE and CAVANAGH, concurring.)
Illinois Appellate Court
Criminal Court
Restitution