People v. Albano

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

After a bench trial, the defendant, Felix Albano, was convicted of delivering controlled substances in violation of section 401 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1985, ch. SGVz, par. 1401). On appeal, the defendant, a licensed medical practitioner, asserts that the State failed to prove beyond a reasonable doubt that when he issued the prescriptions for the controlled substance, Valium, he was not acting in the regular course of medical treatment, as authorized under section 312(h) of the Illinois Controlled…