Defendant was convicted, after bench trial, of Class 2 felony of unlawful possession with intent to deliver more than 500 grams but not more than 2000 grams of a substance containing cannabis, and was sentenced to 4 years and 2 years of mandatory supervised release (MSR). Although State presented evidence that the tested sample was cannabis to sufficiently prove that Defendant had some amount of cannabis in his possession, there was no evidence as to weight of sample that was tested. Thus, State failed to prove Defendant possessed any specific amount of cannabis beyond a reasonable doubt. Conviction must be reduced to a lesser included offense: a civil violation, vacating sentence and term of MSR, and resentencing. Defendant to a $100 fine. State conceded its failure to prove intent to deliver beyond a reasonable doubt.(HOLDRIDGE and McDADE, concurring.)
Illinois Appellate Court
Criminal Court
Delivery of a Controlled Substance