People v. Smith

Following a jury trial, the defendant James F. Smith was convicted of possession of heroin (Ill. Rev. Stat. 1985, ch. 56½, par. 1402(b)) and sentenced to an extended term of five years. He appeals from his sentence. We vacate the sentence.'

The evidence at trial showed that on July 17, 1986, the police executed a residential search warrant. They found the defendant in the bathroom and a baggy with 2.3 grams of heroin in the toilet. The defendant told the police that he had a $100-a-day heroin habit.

The presentence investigation indicated that the defendant stated the following. He had become…