PEOPLE v. UPTON

No. 62756.

114 Ill.2d 362 (1986)

500 N.E.2d 943

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. LORI UPTON, Appellee.

Supreme Court of Illinois.

Modified on denial of rehearing December 1, 1986.


Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and John R. Clemons, State's Attorney, of Murphysboro (Roma J. Stewart, Solicitor General, and Mark L. Rotert and Jack Donatelli, Assistant Attorneys General, of Chicago, and Kenneth R. Boyle, Stephen E. Norris and Vito A. Mastrangelo, of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

William G. Schwartz, of Hunter and Schwartz, of Carbondale, and Robert S. White, of Decatur, for appellee.


Reversed and remanded.

CHIEF JUSTICE CLARK delivered the opinion of the court:

This case presents a challenge to the validity of section 404 of the Illinois Controlled Substances Act (Ill. Rev. Stat., 1982 Supp., ch. 56 1/2, par. 1404). The penalty provision of section 404, section 404(b), fixes a maximum fine for distribution of a "look-alike," or fraudulent, controlled substance, higher than the maximum fine provided for the distribution of certain bona...

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