In Re Custody of Arquilla

This appeal is from the orders of the Circuit Court of Whiteside County which revoked the defendants probation and sentenced him to a 1-year term of imprisonment. The court also ordered him to pay the sum of $2,103.07 in restitution. The defendant presents two issues for review: whether the circuit court improperly considered the receipt of the proceeds of his offense as compensation for committing the offense an aggravating factor (Ill. Rev. Stat. 1979, ch. 38, par. 1005-5-3.2(a)(2)); and whether the court erred in ordering the defendant to make restitution. We affirm the revocation order, vacate the sentencing order, and remand for resentencing.