People v. Smith

Following a trial by jury in the circuit court of Macon County, defendant was convicted on January 29, 1986, of burglary and subsequently sentenced to seven years’ imprisonment on February 28, 1986. He appeals, contending that the trial court based its sentence upon improper argument of the prosecutor during the sentencing. We affirm.

The presentence report showed that at the time of sentencing on February 21, 1986, defendant was 21 years old. It also showed that (1) in 1977, in a juvenile proceeding, he was found to have committed seven burglaries and one robbery; (2) in 1981, he was…