People v. Clemons

On January 24, 1994, defendant was arrested and found to be in possession of both cocaine and heroin which were located inside the same cigarette package. After a bench trial, defendant was convicted of two counts of possession with intent to deliver, one for each substance. He was sentenced to concurrent terms of 4V2 years for each offense. The sole issue on appeal is whether the trial court erred in entering multiple convictions where defendant simultaneously possessed more than one controlled substance.

In 1978, our supreme court held that the simultaneous possession of more than one type…