NO. 4-06-0694 Filed 9/24/07
IN THE APPELLATE COURT
THE PEOPLE OF THE STATE OF ILLINOIS,
CLETUS CRAIG BROWN,
Circuit Court of
PRESIDING JUSTICE STEIGMANN delivered the opinion of
Following a June 2006 bench trial, the trial court
convicted defendant, Cletus Craig Brown, of unlawful possession
of a methamphetamine precursor (pseudoephedrine) with the intent
to manufacture methamphetamine (720 ILCS 646/20(a)(1) (West Supp.
2005)). The court later sentenced him to an extended term of
eight years in prison.
Defendant appeals, arguing only that the statute under
which he was sentenced violates the proportionate-penalties
clause of the Illinois Constitution (Ill. Const. 1970, art. I,
§11). We disagree and affirm.
In January 2006, the State charged defendant with
unlawful possession of methamphetamine manufacturing chemicals
under section 401(d-5) of the Illinois Controlled Substances Act
(720 ILCS 570/401(d-5) (West 2004)). In March 2006, the State
moved to amend the indictment to charge defendant instead with