People v. Berry

JUSTICE "VAN DEUSEN

delivered the opinion of the court:

Defendant, Scott Allen Berry, appeals his conviction for unlawful possession of cannabis from 2.5 grams to 10 grams (Ill. Rev. Stat. 1981, ch. 56%, par. 704(b)) and also the trial court’s refusal to consider defendant for treatment under the Dangerous Drug Abuse Act (Ill. Rev. Stat. 1981, ch. 91%, par. 120.1 et seq.). On this appeal, the State confesses error on the cannabis conviction and concedes that it failed to prove beyond a reasonable doubt that the substance found in defendant’s possession was cannabis. We are satisfied that the…