People v. Powell

On March 6,1980, the defendant, John Wesley Powell, was found to have violated the conditions of his probation. The trial court, per Judge Donald O’Shea, sentenced the defendant under the Illinois version of the Unified Code of Corrections (Ill. Rev. Stat. 1979, ch. 38, par. 1005—1—1 et seq.) to a three-year term of imprisonment. The issues raised on appeal are: whether the trial court properly considered the defendant’s subsequent misdemeanor violation, which was procured without the benefit of defense counsel; whether the State unfairly delayed in petitioning the court for revocation of…