Opinion
No. 11685 Judgment reversed.
December 9, 1971.
APPEAL from the Circuit Court of Champaign County; the Hon. BIRCH E. MORGAN, Judge, presiding.
John F. McNichols, of Defender Project, of Springfield, (Bruce L. Herr, of Defender Project, of counsel,) for appellant.
Lawrence E. Johnson, State's Attorney, of Urbana, for the People.
The defendant was convicted of the unlawful possession of marijuana on July 26, 1971, and sentenced to a term of not less than 2 nor more than 10 years imprisonment. In connection with his appeal of that conviction to this court he has filed a short record and a motion for summary reversal.
In No. 11684 we considered another proceeding involving an appeal by the defendant with reference to marijuana and the constitutional infirmities found by the Illinois Supreme Court in connection with prior statutory classification of marijuana.
For the reasons set forth in our opinion in No. 11684 the motion for summary reversal is allowed. The judgment of the circuit court of Champaign County is reversed and the mandate is ordered to issue forthwith.
Judgment reversed.