People v. Smice

MR. PRESIDING JUSTICE DAVIS

delivered the opinion of the court.

This appeal illustrates some of the problems presented in appellate review of sentence, as permitted under the Code of Criminal Procedure (Ill Rev Stats 1965, c 38, § 121-9 (b) (4)).

The defendant-appellant was charged by information with the offense of battery in violation of section 12-3 of the Code. The jury found him guilty and gratuitously recommended probation. Thereupon, the defendant filed his petition for probation, and purportedly waived the probation hearing and investigation by the probation officer, although the court…