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PEOPLE v. STOUT

No. 59986.

106 Ill.2d 77 (1985)

477 N.E.2d 498

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ROBERT L. STOUT, Appellee.

Supreme Court of Illinois.

Opinion filed April 19, 1985.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and John A. Barra, State's Attorney, of Peoria (Mark L. Rotert and Sally L. Dilgart, Assistant Attorneys General, of Chicago, and John X. Breslin and Rita Kennedy Mertel, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, of the Office of the State Appellate Defender, of Ottawa, for appellee.

Reversed and remanded.

CHIEF JUSTICE CLARK delivered the opinion of the court:

Defendant, Robert L. Stout, was charged by indictment with two counts of unlawful possession of controlled substances, cocaine and codeine, pursuant to section 402(b) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1402(b)). After a hearing in the circuit court of Peoria County, the trial court judge granted...

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