People v. Gibson

PRESIDING JUSTICE GREEN

delivered the opinion of the court:

The question we determine here is whether it is error for a trial court to order restitution as part of the sentence under a negotiated plea agreement, without first holding a presentence hearing. We hold that such a hearing is not mandated.

On August 27, 1981, defendant, Sherman Gibson, entered a negotiated plea in the circuit court of Sangamon County, to the offenses of robbery and battery. The plea was accepted by the court after defendant was properly admonished and defendant was sentenced to concurrent terms of probation of 3 years…