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PEOPLE v. JONES

Nos. 79-1784, 80-493 cons.

99 Ill. App.3d 882 (1981)

425 N.E.2d 1279

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff and Respondent-Appellant, v. LAURENCE JONES, a/k/a Norton Jones, Defendant and Petitioner-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed August 28, 1981.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Marcia B. Orr and Myra J. Brown, Assistant State's Attorneys, of counsel), for the People.

Leland E. Shalgos, of Chicago, for appellee.

Judgment reversed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Following a bench trial, defendant was convicted of possession of codeine (Ill. Rev. Stat. 1975, ch. 56 1/2, par. 1402(b)) and sentenced to three years imprisonment. Defendant later filed a post-conviction petition alleging that the statute under which he was convicted was unconstitutional as violative of equal protection and due process. (U.S. Const., amends. V, XIV.) The trial court...

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