The People v. Bailey

In March, 1970, the defendant was charged with possession of less than 2.5 grams of marijuana and sale of marijuana. In April of that year, pursuant to leave of court, an additional count was filed charging the defendant with possession of more than 2.5 grams of marijuana. On the same day defendant waived indictment and entered a plea of guilty to the newly filed charge of possession of more than 2.5 grams of marijuana under the then statutory definition of the offense found in section 22—40—6 of the Criminal Code. (Ill. Rev. Stat. 1969, ch. 38, par. 22 — 40—6.) Prior to accepting the…