People v. McElroy

Willard McElroy (defendant) was indicted for murder (Ill. Rev. Stat. 1971, ch. 38, par. 9 — 1.) After plea bargaining he pleaded guilty to involuntary manslaughter (Ill. Rev. Stat. 1971, ch. 38, par. 9 — 3(a)). On April 25, 1973, he was sentenced to 4 to 7 years in the penitentiary.

In this appeal by defendant, he questions the validity of the minimum sentence fixed under the law as it existed before January 1, 1973. The People respond that defendant, acting through his counsel, effectively waived his right to be sentenced under the Unified Code of Corrections and that the sentence should be…