People v. Spaulding

The defendant was charged with criminal damage to property, entered a plea of guilty and filed a petition for probation. A probation report was filed, a probation hearing held and the petition for probation denied. The defendant was sentenced to one year in the State Penal Farm. No hearing in aggravation and mitigation was held.

On the day following the sentencing and while the defendant was still in custody of the sheriff of McLean County, a motion to vacate the sentence and for a hearing in aggravation and mitigation was filed, argued and denied.

The sole question presented to this court is…