Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance
Defendant was convicted, after jury trial, of unlawful possession with intent to deliver heroin and calculated criminal drug conspiracy. Court found that Defendant committed the latter felony while in jail, after he had been charged with the former felony, and thus imposed consecutive sentences of 30 and 15 years. Even though indictment as to the former felony was not returned until 2 days after the conspiracy alleged concluded, the complaint clearly charged him with a felony, regardless of the formal requisites for filing a felony charge.(McLARENÂ and BURKE, concurring.)