People v. Burks

Unlawful delivery of a substance represented to be a controlled substance (methaqualone) — guilty—sentenced to 4 years and fined $2,500.

Burks now contends he was convicted under an unconstitutional statute.

We agree — but only as to that portion of the statute authorizing a maximum fine of $15,000.

STANDING

The State first raises the issue of defendant’s standing to challenge the constitutionality of the statute — pointing out that the $2,500 fine Burks .received was less than the maximum allowable under either section 401(e) or 401(f) of the Illinois Controlled Substances Act (Ill. Rev. Stat.…