State v. Alcorn

OPINION

BYERS, Judge.

The four defendants were tried by a jury on charges of conspiracy to sell or deliver, and possession with intent to sell or deliver, 30 grams or more of a substance containing cocaine. Upon conviction, the trial court imposed sentences in accordance with the Class X felony provisions of the Drug Control Act.

On appeal the defendants say the Class X provision is constitutionally defective in various ways, and say the trial court should have instructed the jury on lesser included offenses. In addition, appellant Clibum says his trial should have been severed; appellant…