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PEOPLE v. JOHNSON

No. 11282.

133 Ill. App.2d 818 (1970)

263 N.E.2d 901

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CLEMENT W. JOHNSON, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

November 19, 1970.

Attorney(s) appearing for the Case

Morton Zwick, Director of Defender Project, of Chicago, (John F. McNichols, of counsel,) for appellant.

Paul R. Welch, State's Attorney, of Bloomington, (Harold M. Jennings, R. Stephen Carr, and John A. Beyer, Assistant State's Attorneys, of counsel,) for the People.

Affirmed with reduced sentence.

Mr. JUSTICE SMITH delivered the opinion of the court:

We here deal with a misapprehension of the applicable statute by all parties. On January 5, 1970, defendant was sentenced to the penitentiary for not less than three nor more than six years for the unlawful possession of marijuana. The offense was committed on September 14, counsel was appointed, a plea of guilty entered, probation denied, and hearing in aggravation and mitigation...

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