People v. Clark

In a stipulated bench trial in the circuit court of Kankakee County, defendant, Charles E. Clark, was convicted of the offense of possession of cannabis (Ill. Rev. Stat. 1979, ch. 561/2 par. 704(d)). He was fined $300 and sentenced to 18 months’ probation. The appellate court reversed the judgment and remanded for a new trial (98 Ill. App. 3d 405), and we allowed the People’s petition for leave to appeal (73 Ill. 2d R. 315).

The facts are adequately stated in the appellate court opinion and will be reviewed here only to the extent necessary to discuss the issue presented. At the hearing on…