People v. McGee

Defendant pleaded guilty to a charge of theft of more than *150 and was sentenced to serve a term of imprisonment of from 1-3 years.

On appeal it is argued that this court should exercise its powers under Supreme Court Rule 615(b)(4) (Ill. Rev. Stat. 1975, ch. 110A, par. 615(b)(4)), and reduce defendant’s sentence to one of periodic imprisonment. If this court should conclude that it does not have power to reduce defendant’s sentence to one of periodic imprisonment, defendant argues, in the alternative, that this court should reverse his sentence and remand to the trial court for resentencing in…