People v. Yoselowitz

State: Illinois

Court: 4th District Appellate

Docket No: 4-10-0764 Official Reports

Case Date: 09/20/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Yoselowitz, 2011 IL App (4th) 100764

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RYAN YOSELOWITZ, Defendant-Appellant.

District & No.

Fourth District Docket No. 4-10-0764 September 20, 2011 October 19, 2011 September 20, 2011 The appellate court rejected defendant's constitutional challenge to the classification of unlawful possession of more than 5,000 grams of cannabis with intent to deliver as a Class X felony, notwithstanding his contentions that cannabis is not a dangerous drug and that the effects of cannabis do not pose a risk of great bodily harm like other Class X felonies, since there is a rational basis for the classification and defendant's sentence did not violate the equal protection clause or the proportionate penalties clause.

Rule 23 Order filed Rule 23 Order withdrawn Opinion filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of McLean County, No. 09-CF-416; the Hon. Robert L. Freitag, Judge, presiding.

Judgment

Affirmed.

Counsel on Appeal

Steven B. Muslin (argued) and Craig M. Sandberg, both of Muslin & Sandberg, of Chicago, for appellant. William A. Yoder, State's Attorney, of Bloomington (Patrick Delfino, Robert J. Biderman, and Aimee Sipes Johnson (argued), all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

JUSTICE APPLETON delivered the judgment of the court, with opinion. Presiding Justice Knecht and Justice Steigmann concurred in the judgment and opinion.

OPINION

Download People v. Yoselowitz.pdf