People v. Lane

Mr. PRESIDING JUSTICE LINN

delivered the opinion of the court:

At the conclusion of a jury trial in the circuit court of Cook County, defendant, Mark Lane, was found guilty of burglary (Ill. Rev. Stat. 1977, ch. 38, par. 19 — 1) and was sentenced to a prison term of four to 12 years.

On appeal defendant contends that he must be given a new sentencing hearing because: (1) he was improperly sentenced under the old sentencing law without being given the opportunity to elect to be sentenced under the old or new sentencing law; and (2) the trial court incorrectly considered an incomplete presentence…