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PEOPLE v. YOUNGBEY

No. 53141.

82 Ill.2d 556 (1980)

413 N.E.2d 416

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. HENRY YOUNGBEY et al., Appellants.

Supreme Court of Illinois.

Opinion filed November 18, 1980.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Marc Fogelberg, Assistant Public Defender, of counsel), for appellants.

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (Melbourne A. Noel, Jr., and Mark L. Rotert, Assistant Attorneys General, of Chicago, and Marcia B. Orr and Richard F. Burke, Assistant State's Attorneys of counsel), for the People.

Judgment reversed; sentences vacated; cause remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

This appeal arises from the determination of a Cook County circuit court judge that the statutory requirement that a presentence investigation be conducted and a report be submitted in all felony cases (Ill. Rev. Stat. 1979, ch. 38, par. 1005-3-1) (amendment effective February 1, 1978) constitutes an unconstitutional legislative encroachment on the judiciary...

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