People v. Perez

The defendant, Jose Perez, was convicted, following a bench trial, of having committed the offense of delivery of a controlled substance on September 27, 1972, in violation of section 401(b) of the Controlled Substances Act (Ill. Rev. Stat. 1971, ch. 56½, par 1401(b))-. He was sentenced to not less than 3 nor more than 9 years in the Illinois State Penitentiary. On appeal, defendant contends he was denied due process of law by the prosecution’s misrepresentation that no informer existed, and by the refusal of the trial court to order disclosure of the informer’s identity.

Prior to trial, the…