People v. Johnson

We here deal with a misapprehension of the applicable statute by all parties. On January 5, 1970, defendant was sentenced to the penitentiary for not less than three nor more than six years for the unlawful possession of marijuana. The offense was committed on September 14, counsel was appointed, a plea of guilty entered, probation denied, and hearing in aggravation and mitigation was consolidated with the probation hearing.

The defendant appeals from the sentence on the ground that there is nothing in the record to indicate whether the possession of the defendant amounted to more than 2.5…