People v. Morgan

Mr. PRESIDING JUSTICE RECHENMACHER

delivered the opinion of the court;

The defendant was convicted of burglary following a jury trial and sentenced to a term of 3 to 9 years in prison. He appeals, contending that the trial court improperly failed to consider sentencing him under section 1 of the Dangerous Drug Abuse Act (Ill. Rev. Stat. 1975, ch. 9Bz, par. 120.1 et seq.).

The State did not introduce any evidence at tire defendant’s sentencing hearing on February 27, 1976. The presentence report showed that the defendant had numerous prior convictions, and was on probation from a burglary…