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04/21/95 PEOPLE STATE ILLINOIS v. JEFFREY S. LOWEY

April 21, 1995

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
JEFFREY S. LOWEY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Washington County. No. 94-CF-11. Honorable Lloyd A. Karmeier, Judge, presiding.

The Honorable Justice Welch delivered the opinion of the court: Maag, P.j., and Lewis, J., concur.

The opinion of the court was delivered by: Welch

JUSTICE WELCH delivered the opinion of the court:

The defendant, Jeffrey S. Lowey, was charged with unlawful delivery of more than 10 grams but not more than 30 grams of a substance containing cannabis, a class 4 felony (720 ILCS 550/5(c) (West 1992)). Pursuant to negotiations with the State, defendant pleaded guilty to the offense and was placed on probation pursuant to section 10 of the Illinois Cannabis Control Act (Act) (720 ILCS 550/10 (West 1992)). The parties agreed that the term of probation would be for two years and that defendant would pay a fine of $703, a lab fee of $50, court costs of $297, and restitution of $200 to the Illinois State Police, Southern Illinois Drug Task Force. The parties also agreed that defendant would serve four weekends in jail if the statute permitted such imprisonment. The court found that weekend imprisonment was authorized by statute and imposed four weekends in the county jail as a condition of section 10 probation. Defendant filed a postplea motion attacking only the weekend confinement.

At the time of the offense, December 3, 1993, section 10 of the Act provided:

"(a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under this Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled Substances Act, pleads guilty to or is found guilty of violating sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him to probation.

(b) When a person is placed on probation, the court shall enter an order specifying the period of probation, in accordance with subsection (b) of section 5-6-2 of the 'Unified Code of Corrections', approved July 26, 1972, as amended [(730 ILCS 5/5-6-2 (West 1992))], and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.

(c) The court may, in addition to other conditions, require that the person:

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational training;

(4) undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the instruction or residence of ...


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