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PEOPLE v. SMITH

No. 12326.

23 Ill. App.3d 387 (1974)

319 N.E.2d 238

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES LESTER SMITH, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

November 14, 1974.

Attorney(s) appearing for the Case

John F. McNichols, of State Appellate Defender's Office, of Springfield, for appellant.

Roger W. Thompson, State's Attorney, of Lincoln (John W. Foltz, of Circuit Attorneys Project, of counsel), for the People.

Affirmed in part, reversed in part, and remanded.

Mr. PRESIDING JUSTICE SMITH delivered the opinion of the court:

The defendant appeals from a judgment of the circuit court of Logan County sentencing him from 1 to 3 years in the penitentiary for illegal possession of a controlled substance in violation of section 402(b) of the Controlled Substances Act (Ill. Rev. Stat. 1971, ch. 56 1/2, par. 1402(b)). In this...

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