Can a Defendant's Probation Order Be Revoked If Evidence Provided by the State Is Vague ?
In People v. Leigh, 45 Ill. App. 3d 563, 359 N.E.2d 1059, 4 Ill. Dec. 107 (1976), the trial court revoked the defendant's probation based on proof that she committed felony theft at the currency exchange where she worked.
On appeal, the court reversed, noting that the State did not produce eyewitnesses who could establish that the defendant took money from the currency exchange. Leigh, 45 Ill. App. 3d at 565.
There was testimony that shortages occurred regularly, and disputed evidence existed as to whether the defendant admitted taking the money. Leigh, 45 Ill. App. 3d at 565.
The court also noted that the defendant was not impeached by the State after she denied making admissions to a detective two months after the occurrence. Leigh, 45 Ill. App. 3d at 565-66.
"The most favorable statement that we can make regarding the State's evidence is that it is vague." Leigh, 45 Ill. App. 3d at 566.
Accordingly, the court reversed the order revoking the defendant's probation. Leigh, 45 Ill. App. 3d at 566.