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PEOPLE v. HOPKINS

No. 11684.

2 Ill. App.3d 669 (1971)

276 N.E.2d 413

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GARY HOPKINS, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

December 9, 1971.

Attorney(s) appearing for the Case

John F. McNichols, of Defender Project, of Springfield, (Bruce L. Herr, of Defender Project, of counsel,) for appellant.

Lawrence E. Johnson, State's Attorney, of Urbana, for the People.

Judgment reversed.

PER CURIAM:

The defendant was convicted of the unlawful sale of hashish, a form of marijuana, on April 6, 1971, and sentenced to a term of not less than 10 nor more than 15 years in prison. Conviction was under the then statutory provision found in Ill. Rev. Stat. 1969, par. 22-3, ch. 38, wherein marijuana was classified in the Narcotic Drug Act.

The Illinois Supreme Court, in the case of People v. McCabe,

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