People v. Smith

Mr. PRESIDING JUSTICE TRAPP

delivered the opinion of the court:

Defendant appeals his convictions after negotiated pleas upon two charges of delivery of cocaine in amounts less than 30 grams and the concurrent sentences of 1% to 5 years. At the time of oral argument defendant was eligible and was shortly released on parole.

The sole issues argued upon appeal are that the trial court abused its discretion in denying defendant’s petition for probation and in refusing to impose a sentence of periodic imprisonment.

The plea negotiations were directed to an indictment charging delivery of cocaine in…