People v. Youngbey

In People v. Youngbey, 82 Ill. 2d 556, 560, 413 N.E.2d 416, 45 Ill. Dec. 938 (1980), the issue before the court was whether criminal sentences, which were imposed in violation of a statutory command that the trial court consider a written presentence report prior to sentencing, should be vacated. The relevant portion of the statute provided: "'A defendant shall not be sentenced for a felony before a written presentence report of investigation is presented to and considered by the court.'" Youngbey, 82 Ill. 2d at 561, citing Ill. Rev. Stat. 1979, ch. 38, par. 1005-3-1. In finding the language mandatory, the court noted that the legislature "coupled" the word "shall" with "the negative limitations of shall not be sentenced." Youngbey, 82 Ill. 2d at 562. Thus, the statute "specifically prohibited a judge from sentencing one convicted of a felony unless a written presentence investigation report was presented to and considered by the court. The action proscribed by the use of the negative 'not' renders this requirement much more plainly mandatory than if the requirement would simply have read 'the court shall consider a presentence report of investigation before sentencing.'" Youngbey, 82 Ill. 2d at 562.