People v. Upton

Defendant, Lori E. Upton, was convicted on three separate counts of unlawful distribution of a look-alike substance in violation of section 404 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1983, ch. 5672, par. 1404), after a jury trial in the circuit court of Jackson County. She was sentenced to one year of conditional discharge and a fine of $100 on each count, and ordered to pay court costs plus restitution of $39. She appeals her convictions, claiming they resulted from the application of an unconstitutional statutory scheme.

The precise constitutional question raised by…