Opinion
No. 11684 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 sale of hashish, a form of marijuana, on April 6, 1971, and sentenced to a term of not less than 10 nor more than 15 years in prison. Conviction was under the then statutory provision found in Ill. Rev. Stat. 1969, par. 22-3, ch. 38, wherein marijuana was classified in the Narcotic Drug Act.
The Illinois Supreme Court, in the case of People v. McCabe, 49 Ill.2d 338, petition for rehearing denied on November 24, 1971, held that the classification of marijuana in the Narcotic Drug Act, under which the defendant was convicted, was arbitrary and that such classification deprives the defendant of equal protection of the law. The court there reversed the conviction. See also People v. Hudson, 50 Ill.2d 1, Illinois Supreme Court.
The disposition here is mandated by the holding in McCabe and Hudson.
Upon filing of a short record in this court defendant filed a motion for summary reversal. This court has previously allowed the defendant's motion for release on a recognizance bond. The judgment of the circuit court of Champaign County is reversed and the mandate is ordered to issue forthwith.
Judgment reversed.