People v. Smith
2022 IL App (5th) 200269-U
| Ill. App. Ct. | 2022Background
- Police executed a search of Bobby M. Smith’s home on Dec. 16, 2016 and seized ~418.1 grams of cannabis, a digital scale, baggies, a ledger of sales, and paraphernalia; Smith was charged with unlawful possession with intent to deliver (30–500g, Class 3) and unlawful possession (100–500g, Class 4).
- At trial officers and an ISP forensic analyst testified; the lab tested samples and confirmed Delta‑9‑THC; a ledger, scale, and other indicia of distribution were admitted into evidence; Smith was convicted by a jury of the intent‑to‑deliver offense (and the lesser possession count).
- Smith had an extensive prior record (PSI showed seven prior felony convictions, including three delivery‑related convictions) and violated pretrial bond terms 15 times by testing positive for THC.
- At sentencing Smith argued mitigation: medical need (back injury), self‑medication, taking responsibility for items belonging to his stepson, caretaker family duties, and later obtained a medical‑marijuana card; the State urged aggravation and recommended four years’ imprisonment.
- The trial court discussed aggravating and mitigating factors, found some mitigation (good character/attitude; long periods without arrests) but emphasized prior convictions and deterrence, sentenced Smith to four years (within the 2–5 year Class 3 range), and denied reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a 4‑year prison sentence for Class 3 intent to deliver 30–500g cannabis was excessive / an abuse of discretion | Sentence is within statutory range; aggravation: multiple prior felonies (including prior delivery convictions), pretrial bond violations, need for deterrence; probation would deprecate seriousness | Sentence is disproportionate given changing cannabis laws, medical necessity/self‑medication, took responsibility for others’ drugs, health risks in prison, rehabilitation likely (medical card) | Court upheld sentence: trial court properly considered statutory factors, sentence was within range and not an abuse of discretion; affirmed |
Key Cases Cited
- People v. Jackson, 375 Ill. App. 3d 796 (2007) (trial court sentencing decisions entitled to great deference)
- People v. Center, 198 Ill. App. 3d 1025 (1990) (abuse of discretion standard where sentence greatly varies from purpose and spirit of law)
- People v. Miller, 238 Ill. 2d 161 (2010) (prohibition on multiple convictions when one offense is a lesser‑included offense)