People v. Street

• Decision Date: 21 May 1974
• Docket Number: No. 12421,12421
• Citation: People v. Street, 311 N.E.2d 796, 19 Ill.App.3d 541 (Ill. App. 1974)
• Parties: PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bobby STREET, Defendant-Appellant.
• Court: Appellate Court of Illinois

Page 796

311 N.E.2d 796

19 Ill.App.3d 541

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bobby STREET, Defendant-Appellant.

No. 12421.

Appellate Court of Illinois, Fourth District.

May 21, 1974.

Callis & Filcoff, Granite City, for defendant-appellant.

No appearance, for plaintiff-appellee.

CRAVEN, Justice.

This case was originally appealed to this court to review the defendant's conviction for burglary and theft. Upon the original appeal we affirmed the burglary conviction and reversed the conviction for theft. (See People v. Street, 11 Ill.App.3d 243, 296 N.E.2d 606.) The mandate of this court required the circuit court to issue an amended mittimus showing the burglary conviction and deleting the conviction for theft. The cause was remanded with directions to accomplish the issuance of an amended mittimus. Upon remand, the defendant sought resentencing and consideration of periodic imprisonment. The trial court dismissed the petition for resentencing and periodic imprisonment. The defendant filed a notice of appeal.

The mandate of this court gave the trial court jurisdiction to do only that which was required under the mandate of this court. (See Hornof v. The Kroger Co., 40 Ill.2d 545, 240 N.E.2d 658; Beaven v. Village of Palatine, 106 Ill.App.2d 160, 245 N.E.2d 560; Hamilton v. Faulkner, 96 Ill.App.2d 415, 238 N.E.2d 631.) The defendant cannot, by a petition for resentencing, reopen and relitigate issues that were or could have been raised upon the original appeal.

In this case the trial court did that which the mandate of this court required it to do and refused to do anything other than that. Under the...