People v. Simms

Defendant, Larry Simms, was found guilty of burglary after a bench trial in the circuit court of Cook County, and he was sentenced to a term of 4 to 12 years. The issue presented for review is whether the trial judge erred in failing to indicate on the record that he exercised his discretion in determining that defendant should not have been given treatment under the Dangerous Drug Abuse Act.

At trial, it was stipulated that Annie Booker left her apartment on June 1, 1976, at about 8 a.m. and went to work. She returned at about noon after being notified that the burglar bars outside her…