People v. Velez

Mr. JUSTICE THOMAS J. MORAN

specially concurring:

While I concur in the result of the majority opinion, I disagree with that portion which implies that this court has the right to order probation. (See, People v. Brown (1967), 83 Ill.App.2d 411, 420.) This question has not been passed upon by our Supreme Court; however, see, People v. Kurtz (1987), 37 Ill.2d 103, 111.

Quoting from Rule 615(b)(4), the majority establishes that the reviewing court may “* * * reduce the punishment imposed by the trial court * * *.” continuing, the opinion by inference, interprets the word “punishment” to include…