People v. Kennedy

We are concerned here with the propriety of a trial judge at sentencing considering mere charges against or arrests of the defendant for other offenses for which he has never been convicted nor proved to have committed.

After trial by jury in the circuit court of Macon County, defendant Andre Kennedy was convicted of the offense of unlawful delivery or possession with intent to deliver a controlled substance (Ill. Rev. Stat. 1973, ch. 56M, par. 1401(c)) and on January 31,1978, sentenced to a single sentence of 2 to 10 years’ imprisonment. Upon appeal his sole contention is that the trial court…