People v. Carleton

The defendant entered a plea of guilty to the charge of illegal possession of marijuana in violation of chapter 38, section 22-3, 111 Rev Stats 1967. His petition for probation was denied after a hearing thereon. Upon stipulation that the probation hearing would stand as the hearing in aggravation and mitigation, the defendant was sentenced to the Illinois State Penitentiary for a term of not less than two nor more than four years. He appeals the denial of probation. Another charge, unlawful sale of marijuana, was dismissed on motion of the People.

Sections 117-1 (a) (l)-(3) of the Code of…