People v. Thomas

After a jury trial, defendant Tracey Thomas was found guilty of possession of a controlled substance with intent to deliver. The circuit court sentenced defendant to four years in the Illinois Department of Corrections. Defendant appeals his conviction and sentence. Pursuant to Illinois Supreme Court Rule 615(b)(3) (134 Ill. 2d R. 615(b)(3)), we reduce defendant’s conviction of possession with intent to deliver a controlled substance to unlawful possession of a controlled substance because the State failed to prove the element of intent to deliver, but did prove all the elements of unlawful…