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People v. Lindsey

Case Date: 03/20/2001
Court: 4th District Appellate
Docket No: 4-00-0296 Rel

March 20, 2001

NO. 4-00-0296

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,
                    Plaintiff-Appellee,
                    v.
JERRY L. LINDSEY,
                    Defendant-Appellant.

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Appeal from
Circuit Court of
Vermilion County
No. 99CF99

Honorable
Thomas J. Fahey,
Judge Presiding.

PRESIDING JUSTICE STEIGMANN delivered the opinion of the court:

In May 1999, defendant, Jerry L. Lindsey, pleaded guilty to one count ofaggravated criminal sexual abuse (720 ILCS 5/12-16(d) (West 1998)). In July1999, the trial court sentenced him to four years' "sex[-]offenderspecific" intensive probation subject to various conditions, including thathe serve 364 days of work release. In February 2000, the trial court granted theState's petition to revoke defendant's probation and subsequently resentencedhim to another 4 years' probation and 364 days' work release.

Defendant appeals, arguing that (1) his being forced to testify as a witnessfor the State at his probation revocation hearing violated (a) his privilegeagainst self-incrimination under the fifth amendment to the United StatesConstitution and article I, section 10, of the Illinois Constitution (U.S.Const., amend. V; Ill. Const. 1970, art. I,