People v. Youngbey

This appeal arises from the determination of a Cook County circuit court judge that the statutory requirement that a presentence investigation be conducted and a report be submitted in all felony cases (Ill. Rev. Stat. 1979, ch. 38, par. 1005 — 3—1) (amendment effective February 1, 1978) constitutes an unconstitutional legislative encroachment on the judiciary’s sentencing power. The appeal comes directly to this court pursuant to our Rule 603. 73 Ill. 2d R. 603.

The defendants, Henry Youngbey and Tyrone Watson, were charged by information with unlawful use of weapons (Ill. Rev. Stat. 1977,…