People v. Wagner

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

Defendant-appellant Robert Wagner was convicted of selling 0.4 grams of a brown powder which he represented to be heroin to an undercover agent of the Illinois Department of Law Enforcement, in violation of section 404 of the Controlled Substances Act (Ill. Rev. Stat. 1977, ch. 56/2, par. 1404). It was stipulated at trial that in fact the brown powder was neither heroin nor any other controlled substance. The defendant was sentenced to two years in prison. We affirm.

On appeal, defendant contends that the statute under which he was…