People v. Baker

The prosecution appeals from the order of the trial court granting defendant’s motion to dismiss and discharge the defendant upon his indictment for unlawful possession of a controlled substance (Ill. Rev. Stat. 1975, ch. 56% par. 1402).

Defendant was arrested on October 5, 1978. As a result of a search incident to arrest, defendant was charged on October 6,1978, with illegal transportation of liquor, and on October 23, 1978, he was charged with unlawful possession of cannabis. On October 27,1978, defendant pleaded guilty to those charges and sentences were imposed.

At the time of the described…