People v. Martin

Defendant appeals from a judgment of the circuit court revoking his probation and sentencing him to three years in the penitentiary. On appeal he contends that he was not proved to be in violation of his probation by a preponderance of the evidence, and the trial court erred when it imposed sentence without receiving a presentence investigation report.

In August 1977 defendant pleaded guilty to burglary. (Ill. Rev. Stat. 1977, ch. 38, par. 19 — 1.) No presentence report was compiled after he waived such procedure. In conformity with the plea agreement, he was placed on probation for three…