People v. Diaz

Defendant Joseph Diaz was sentenced to a prison term of from 6 to 18 years following his conviction of a charge of delivering a controlled substance of less than 30 grams (cocaine) (III. Rev. Stat. 1973, ch. 56Vz, § 1401). His conviction followed plea negotiations and his sentence was for the term agreed upon in such negotiations. On appeal, defendant argues that it was an abuse of the trial court’s discretion to impose a higher than minimum sentence of imprisonment without the benefit of a sentencing hearing. From the record it is apparent that during discussions in open court, defendant…