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PEOPLE v. BURKS

No. 17557.

108 Ill. App.3d 433 (1982)

438 N.E.2d 1376

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILLIAM L. BURKS, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed August 3, 1982.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Gary S. Rapaport, both of State Appellate Defender's Office, of Springfield, for appellant.

Chris E. Freese, State's Attorney, of Sullivan (Robert J. Biderman and Denise M. Paul, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed as modified.

JUSTICE MILLS delivered the opinion of the court:

Unlawful delivery of a substance represented to be a controlled substance (methaqualone) — guilty — sentenced to 4 years and fined $2,500.

Burks now contends he was convicted under an unconstitutional statute.

We agree — but only as to that portion of the statute authorizing a maximum fine of $15,000.

STANDING

The State first...

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