People v. Dale

Mr. JUSTICE SCOTT,

specially concurring:

I concur with the result reached in the majority opinion but feel compelled to clarify by way of limitation the view that the case of Bolyard (People v. Bolyard (1975), 61 Ill. 2d 583, 338 N.E.2d 168) authorized this court to determine whether a trial court abused its discretion where probation had been denied after a hearing on the application for probation and the court complied with all the requisite statutory provisions pertaining to a sentence of probation. The grounds upon which Bolyard authorizes a reviewing court to remand a case where probation…