People v. Gentry

The only issue in this appeal is whether the trial judge erred in sentencing defendant, after revocation of probation, without hearing evidence in aggravation and mitigation.

On May 15, 1970, defendant pled guilty to a charge of burglary. The same day, he applied for and was admitted to probation for five years, the first six months were to be served in the county jail. May 13, 1971, after a notice, petition and rule to show cause, the trial judge began a hearing to determine whether defendant’s probation should be terminated. There were three court sessions. At the end of the second, after a…