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PEOPLE v. PEREZ

No. 59656.

25 Ill. App.3d 371 (1974)

323 N.E.2d 399

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSE PEREZ, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

December 24, 1974.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Marc L. Fogelberg, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and Raymond J. Prosser, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE STAMOS delivered the opinion of the court:

The defendant, Jose Perez, was convicted, following a bench trial, of having committed the offense of delivery of a controlled substance on September 27, 1972, in violation of section 401(b) of the Controlled Substances Act (Ill. Rev. Stat. 1971, ch. 56 1/2, par 1401(b)). He was sentenced to not less than 3 nor more than 9 years in...

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