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PEOPLE v. PHILLIPS

No. 75-18.

39 Ill. App.3d 387 (1976)

350 N.E.2d 363

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL PHILLIPS, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed June 14, 1976.

Attorney(s) appearing for the Case

Stephen P. Hurley and Daniel M. Kirwan, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Ronald A. Niemann, State's Attorney, of Salem (Bruce D. Irish and Myra J. Brown, both of Illinois State's Attorneys Association, of counsel), for the People.

Affirmed in part, reversed in part and remanded.

Mr. JUSTICE GEORGE J. MORAN delivered the opinion of the court:

The defendant, Michael Phillips, appeals from the judgment of the circuit court of Marion County which held him to be ineligible for treatment under the Dangerous Drug Abuse Act (Ill. Rev. Stat. 1973, ch. 91 1/2, pars. 120.1 to .29) and which sentenced him to concurrent terms of imprisonment for three to nine years on the basis of his pleas of guilty...

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