People v. McClellan

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Following a jury trial, defendant, Henry McClellan, was convicted of unlawful delivery of a controlled substance, heroin. He was sentenced to a term of five to 15 years in the penitentiary, to run consecutively to a sentence received on a previous unrelated offense. On appeal, defendant contends: (1) that the delay of eight months between the alleged unlawful delivery and the return of the indictment against him operated to deprive him of due process; and (2) that the trial court abused its discretion when it granted the jury’s…