People v. McAndrew

The defendant, John Clifford McAndrew, was charged with unauthorized possession of narcotic drugs, in violation of section 22-3 of the Criminal Code (Ill Rev Stats 1967, c 38, par 22-3). He entered a plea of guilty, was denied probation and was sentenced to a mrm’rmrm of two years and a maximum of three years in a state penitentiary. He appealed.

While courts have held that refusal to grant probation is not subject to review (People v. Hamby, 6 Ill2d 559, 563, 129 NE2d 746 (1955); People v. Denning, 372, Ill 549, 552, 25 NE2d 6 (1940)), the granting or revoking of probation is normally within…