People v. Hale

PRESIDING JUSTICE LYTTON

delivered the opinion of the court:

Defendant David M. Hale was convicted of armed violence, a Class X felony (720 ILCS 5/33A—2 (West 1994)). He was sentenced to a six-year prison term and a consecutive three-year period of probation. The sole issue on review is whether the court was authorized to impose probation. We reverse and remand for a new sentencing hearing.

FACTS

Evidence at trial established that, on March 27, 1994, defendant and his wife, Angie, engaged in a heated quarrel, during which defendant loaded a rifle and threatened to shoot anyone who came to remove…