People v. Malone

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

In 1968, defendant pled guilty to the charge of aggravated incest and was sentenced to a five-year term of probation. Defendant did not take a direct appeal as provided for under the Code of Criminal Procedure. (Ill. Rev. Stat. 1967, ch. 38, §117 — 1(d).) In 1972, his probation was revoked and he was sentenced to serve a term of 11 to 16 years in the penitentiary. Defendant appealed from the revocation of probation and from the sentence imposed (People v. Malone, 18 Ill. App. 3d 397 (1974)), asserting that the aggravated incest…