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PEOPLE v. KIMBROUGH

No. 75408.

644 N.E.2d 1137 (1994)

163 Ill.2d 231

206 Ill.Dec. 84

The PEOPLE of the State of Illinois, Appellant, v. Michael KIMBROUGH, Appellee.

Supreme Court of Illinois.

November 23, 1994.

Attorney(s) appearing for the Case

Roland Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee G. Goldfarb, Theodore Fotios Burtzos and Jon J. Walters, Asst. State's Attys., of counsel), for the People.

Michael J. Pelletier, Deputy Defender, and Debra R. Salinger, Asst. Appellate Defender, of the Office of the State Appellate Defender, Chicago, of counsel, for appellee.

Chief Justice BILANDIC delivered the opinion of the court:

The defendant, Michael Kimbrough, was charged in a three-count indictment with certain violations of the Illinois Controlled Substances Act (720 ILCS 570/100 et seq. (West 1992)) pertaining to LSD (LSD provisions). Defendant filed a motion to dismiss the indictment alleging that the LSD provisions of the Act are unconstitutional. Defendant alleged that the LSD provisions violate the equal protection...

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