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PEOPLE v. GENTRY

No. 56188.

5 Ill. App.3d 1088 (1972)

284 N.E.2d 428

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN WESLEY GENTRY, Defendant-Appellant.

Appellate Court of Illinois — First District.

May 16, 1972.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender, of Chicago, (Saul H. Brauner, Ronald P. Katz, and James J. Doherty, Assistant Public Defenders, of counsel,) for appellant.

Edward V. Hanrahan, State's Attorney, of Chicago, (Robert A. Novelle and Richard Pezzopane, Assistant State's Attorneys, of counsel,) for the People.

Affirmed; sentence vacated and remanded.

Mr. JUSTICE LEIGHTON delivered the opinion of the court:

The only issue in this appeal is whether the trial judge erred in sentencing defendant, after revocation of probation, without hearing evidence in aggravation and mitigation.

On May 15, 1970, defendant pled guilty to a charge of burglary. The same day, he applied for and was admitted to probation for five years, the first six months were to be served in...

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