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PEOPLE v. BRAINERD

No. 75-153.

41 Ill. App.3d 183 (1976)

355 N.E.2d 117

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. IRA BRAINERD, Defendant-Appellant.

Appellate Court of Illinois — Second District (1st Division).

Opinion filed August 23, 1976.

Attorney(s) appearing for the Case

Edward F. Diedrich, of De Kalb, and Ralph Ruebner and Joshua Sachs, both of State Appellate Defender's Office, of Elgin, for appellant.

James A. Carr, State's Attorney, of Sycamore (Phyllis J. Perko, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Defendant was convicted in a jury trial of possession of more than 200 grams of a substance containing amphetamines, a controlled substance (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1402(a)(6)). He was sentenced to a term of 4 years to 4 years and 1 day. He appeals, contending that the statute is unconstitutional and alternatively that the case should be reversed and remanded for a...

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