People v. Kimmons

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

Defendant, Gene Kimmons, was charged with unlawful possession of diazepam, a Schedule IV controlled substance (Ill. Rev. Stat. 1977, ch. 56/á, par. 1210). Following a bench trial, he was convicted of a violation of section 402 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1977, ch. 56?2, par. 1402), and sentenced to four years in the penitentiary, to be served consecutively to the terms he was already serving.

Defendant was an inmate of Menard penitentiary when the controlled substance in question was found during a…