People v. Thomas

Defendant was found guilty after a jury trial of delivery of over 30 grams of a substance containing cocaine and was sentenced to a term of imprisonment for not less than 8 years nor more than 24 years, with the sentence to run consecutively to a previous sentence imposed on defendant for a separate drug offense in Peoria County. Defendant raises the following issues on appeal: (1) whether the graduated penalty provision of section 401 of the Controlled Substances Act (Ill. Rev. Stat. 1975, ch. 5612, par. 1401) is unconstitutional; (2) whether reversible error occurred when defendant was…