People v. Taormina

The people charged defendant with possession, with intent to deliver, of 650 grams or more of a controlled substance, cocaine. MCL 333.7401, subds (1) and (2)(a)(i); MSA 14.15(7401), subds (1) and (2)(a)(i). Following a bench trial, the court found defendant guilty as charged. However, pursuant to the trial court’s November 9, 1981, opinion that the penalty provision stated in MCL 333.7401(2)(a)(i); MSA 14.15(7401)(2)(a)(i) was unconstitutional because it is irrational and a denial of equal protection to classify cocaine as a narcotic drug for punishment purposes, the court instead sentenced…