PCS/W Intent REDUCED IN TWO WAYS

In a well reasoned opinion by Justice McBride,  issued on 2/5/10, a conviction for PCS/W >1 gram <15 grams was reduced to a Class 4 PCS because 1:  The forensic chemist testified that he combined multiple packets to determine weight before testing for the presence of a controlled substance thus giving the Court “no way of knowing whether each packet contained heroin or if only one contained heroin.”  2:  Testimony that the defendant dropped a package containing 13 packets of suspect heroin while fleeing from the police plus the $40.00 recovered from the defendant was insufficient to prove intent to deliver.  Read People v.  Clinton No. 1-08-0720 here.

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One Comment

  1. Posted February 16, 2010 at 12:25 pm | Permalink

    That’s great. At least they’re admitting that evidence is not quite as sound as they would normally have you believe.

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