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eBook details

• Title: People v. Mccleary
• Author : In the Appellate Court of Illinois Fourth District
• Release Date : January 16, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

In January 2002, the State charged defendant, Brian McCleary, with manufacturing a controlled substance (900 grams or more of any substance containing methamphetamine or any salt of an optical isomer of methamphetamine, or an analog thereof) (720 ILCS 570/401(a)(6.5)(D) (West 2000)), and possession of a controlled substance (900 grams of more of any substance containing methamphetamine or any salt of an optical isomer of methamphetamine) (720 ILCS 570/402(a)(6.5)(D) (West 2000)). Following a January 2003 bench trial, the trial court found defendant guilty of both offenses. In September 2003, the court sentenced defendant to 17 years in prison on the manufacture-of- a-controlled-substance conviction but did not sentence him as to the unlawful-possession conviction. Defendant appeals, arguing that (1) he did not effectively waive his right to a jury trial, (2) he was denied his sixth-amendment right to effective assistance of trial counsel (U.S. Const., amend VI), (3) his sentence violated the proportionality clause of the Illinois Constitution (Ill. Const. 1970, art. I, §11), and (4) sections 401(a)(6.5)(D) and 402(a)(6.5)(D) of the Illinois Controlled Substances Act (Controlled Substances Act) (720 ILCS 570/401(a)(6.5)(D), 402(a)(6.5)(D) (West 2000)) violate the due-process clauses of the United States and Illinois Constitutions (U.S. Const., amend. V; Ill. Const. 1970, art. I, §2). We disagree and affirm.

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