People v. Kelly

Mr. PRESIDING JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

Defendant Charles Richard Kelly was charged with unlawful possession of more than 30 but less than 500 grams of marijuana. He was convicted following a bench trial in the circuit court of Shelby County, and sentenced to the five months he had served in jail while awaiting trial, conditional discharge, and a *1000 fine payable over a two-year period. Kelly appeals, alleging only that the search which disclosed the cannabis was invalid.

At approximately 1:30 a.m. on December 18, 1976, defendant was driving his car north on Route…