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PEOPLE v. WOLGEMUTH

No. 75-195.

43 Ill. App.3d 335 (1976)

356 N.E.2d 1139

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANNY RAY WOLGEMUTH, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied December 1, 1976.

Attorney(s) appearing for the Case

Robert Agostinelli, Richard Steck, and Michael Pelletier, all of State Appellate Defender's Office, of Ottawa, for appellant.

James E. Hinterlong, of Illinois State's Attorneys Association, of Ottawa, for the People.

Judgment reversed.

Mr. JUSTICE STOUDER delivered the opinion of the court:

After a jury trial the defendant, Danny Ray Wolgemuth, was convicted of unlawful possession of a controlled substance. The defendant was sentenced by the circuit court of Rock Island County to a term of imprisonment of not less than one year nor more than three years.

Defendant was indicted for unlawful possession of less than 200 grams of a substance containing a derivative...

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