People v. Poll

I concur with the majority opinion in affirming the convictions but dissent from the conclusion that the case should be remanded for a new sentencing hearing.

That remandment is bottomed upon “evidence of charges pending against him presented in aggravation at his sentencing hearing.”

The “evidence” consisted of the testimony by the victim of a battery committed in the county jail while defendant was being held for trial upon this offense. That testimony was corroborated by the testimony of the jail officer who observed it. There was confrontation of the witness by the defendant with…