68 N.E.2d 263 | Ill. | 1946
In March, 1942, the defendant, Frank Green, was convicted in the criminal court of Cook county upon his plea of guilty of the crime of grand larceny. He was sentenced to imprisonment in the penitentiary for an indeterminate term of from one to ten years, the penalty prescribed by the Criminal Code. (Ill. Rev. Stat. 1945, chap. 38, par. 389.) The advisory opinion or recommendation of the trial judge incorporated in the judgment, pursuant to the invalid 1941 amendment to section 2 of the Sentence and Parole Act, that the minimum and maximum limits of defendant's imprisonment be not less than one nor more than *175
ten years was void. (People v. Montana,
Seeking a reversal of the judgment of conviction, defendant contends that the portion of the sentence fixing the duration of imprisonment increases the minimum term for larceny and that the increased sentence constitutes a denial of Federal and State constitutional guarantees. To support his contention, the argument is advanced that a nunc pro tunc judgment should have been entered reducing the maximum term by giving him credit for the three years of the original sentence already served.
Section 2 of the Parole Act of 1943, so far as relevant, ordains: "The minimum limit fixed by the court may be greater but shall not be less than the minimum term provided by law for the offense and the maximum limit fixed *176
by the court may be less but shall not be greater than the maximum term provided by law therefor." The court is not required to fix a minimum or maximum limit of duration of imprisonment different from the penalty imposed by law on conviction of the crime, though it may do so within the limitations prescribed in the act. (People v. Brown,
In People v. Wilson,
The judgment of the criminal court of Cook county is affirmed.
Judgment affirmed.