People v. York

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

A jury convicted the defendant, Darvell York, of unlawful delivery of a controlled substance (Ill. Rev. Stat. 1991, ch. 56V2, par. 1401). He was thereafter sentenced to 12 years’ imprisonment. He appeals from his sentence. We affirm the defendant’s conviction, vacate his sentence, and remand the cause for proceedings consistent with our decision.

The record shows that at the sentencing hearing, the trial court noted that it had neglected to order a presentence investigation report. It asked counsel for both the State and the defendant…