People v. Golden

After pleading guilty to the charge of possessing .9 grams of a controlled substance (heroin) in violation of section 402(b) of the Controlled Substances Act (Ill. Rev. Stat. 1971, ch. 56½, sec. 1402(b)), the defendant, Raymond Golden, was sentenced by the circuit court of Peoria County on September 29, 1972, to a term in the penitentiary of from 2 to 6 years.

On this appeal defendant contends the statute under which he was convicted is violative of State and Federal constitutions because first, it provides for a penalty based on the weight of a “substance” containing the controlled substance…