People v. McFadden

May a trial court, acting under *234authority of § 48 of the Controlled Substances Act,1 impose a sentence of up to twice the normal sentence for a second conviction of a crime relating to drugs, without affording the defendant a hearing or other opportunity to require the people to prove the alleged prior conviction? This question of first impression is raised after defendant was found guilty by jury of delivery of a controlled substance, contrary to MCLA 335.341(l)(b); MSA 18.1070(41)(l)(b) and, on November 4, 1975, sentenced to a term of 8 to 14 years imprisonment. The maximum penalty for a…