People v. Denier

The defendant, James Denier, appeals from a judgment which revoked his sentence of 18 months probation (for a second conviction of theft of property not exceeding *150 in value), and which sentenced him to a term of 1-3 years imprisonment. He contends that since he was found to be a probation violator on March 6,1978, he was entitled to elect to be sentenced under the 1977 amendment to section 8 — 2—4(b) of the Unified Code of Corrections (Ill. Rev. Stat. 1977 Supp., ch. 38, par. 1008— 2 — 4(b)), although the underlying offense was committed prior to the effective date of the new act, February…