People v. Warren

Defendant, Johnnie Warren, was convicted of possession of a controlled substance in a bench trial in the circuit court of Cook County. That court denied defendant’s petition to elect treatment under the Dangerous Drug Abuse Act (Ill. Rev. Stat. 1973, ch. 91½, par. 120.1 et seq.) prior to trial and again prior to sentencing, and sentenced him to a term of 1 to 3 years’ imprisonment. The Appellate Court for the First District affirmed (43 Ill. App. 3d 1064), and we allowed defendant’s petition for leave to appeal.

A single issue of statutory construction is presented: Can a defendant in a…