People v. Maldonado

The defendant, Ricardo Maldonado, appeals from the dismissal of his pro se post-conviction petition. He argues that his conviction of unlawful delivery of a controlled substance (Ill. Rev. Stat., 1988 Supp., ch. 56½, par. 1401(a)(2) (now codified, as amended, at 720 ILCS 570/401(a)(2) (West 1992))) must be vacated, as it was based on the same physical conduct as his conviction of armed violence predicated upon unlawful possession of a controlled substance (Ill. Rev. Stat. 1989, ch. 38, par. 33A-2 (now 720 ILCS 5/33A-2 (West 1992))). We affirm.

Following his convictions of the above-stated…