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PEOPLE v. HEERWAGEN

No. 74-190.

30 Ill. App.3d 144 (1975)

332 N.E.2d 136

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. NEIL HEERWAGEN, Defendant-Appellant.

Appellate Court of Illinois — Third District.

July 18, 1975.

Attorney(s) appearing for the Case

James Geis and Richard Steck, both of State Appellate Defender's Office, of Ottawa, for appellant.

Henry D. Sintzenich, State's Attorney, of Macomb (F. Stewart Merdian, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE STOUDER delivered the opinion of the court:

After a jury trial in the circuit court of McDonough County defendant, Neil Heerwagen, was found guilty of possession of between 30 and 500 grams of cannabis and sentenced to probation on the condition that he serve 10 weekends of periodic imprisonment in the county jail.

Although several errors are assigned, due to the view we take of this case the only issue we need deal with...

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