People v. Peach

Mr. JUSTICE ALLOY,

specially concurring:

I believe that the provisions of section 5 — 6—4(h) of the Unified Code of Corrections (Ill. Rev. Stat. 1973, ch. 38, par. 1005 — 6—4(h)) should only be construed prospectively.

The trial court erroneously applied this section in considering sentencing of defendant Peach.

Since the amendment with which we are concerned in this case increases the punishment for an offense as compared with the existing provision, that amendment would be unconstitutional for such reason. (People v. Taylor (1974), 21 Ill. App. 3d 702, 315 N.E.2d 914; People v. McKinney (1968),…