People v. Garcia

Defendant, Rolando Garcia, was charged with a single count of possession of a controlled substance with intent to deliver. 720 ILCS 570/401(a)(2)(A) (West 1994). Following a jury trial in the circuit court of Cook County, defendant was convicted of the lesser-included offense of possession of a controlled substance (720 ILCS 570/ 402(a)(2)(A) (West 1994)) and sentenced to seven years’ imprisonment. The appellate court reversed. 292 Ill. App. 3d 685. We allowed the State’s petition for leave to appeal (177 Ill. 2d R. 315(a)) and now reverse the decision of the appellate court.

BACKGROUND

The…