People v. Birge

PRESIDING JUSTICE NASH

delivered the opinion of the court:

Defendant, Jimmie L. Birge, was convicted in a bench trial of the Class 3 felony of unlawful possession of more than 500 grams of cannabis (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 704(e)), and of the Class 2 felony of unlawful possession of the same substance and amount with an intent to deliver (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 705(e)). He was sentenced to three years’ imprisonment.

Defendant appeals, contending: (1) the court erred in denying him an evidentiary hearing under Franks v. Delaware (1978), 438 U.S. 154, 57 L. Ed. 2d…