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PEOPLE v. WENGER

No. 13408.

42 Ill. App.3d 608 (1976)

356 N.E.2d 432

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LARRY LEE WENGER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed October 21, 1976.

Attorney(s) appearing for the Case

Julius Lucius Echeles and Carolyn Jaffe, both of Chicago, for appellant.

John G. Satter, Jr., State's Attorney, of Pontiac (G. Michael Prall and James R. Sanders, both of Illinois State's Attorneys Association, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE REARDON delivered the opinion of the court:

The defendant, Larry Lee Wenger, was placed on 2 years' probation after pleading guilty to the offense of possessing less than 2.5 grams of heroin on August 13, 1971, in violation of sections 3 and 38 of the Uniform Narcotic Drug Act (Ill. Rev. Stat. 1969, ch. 38, pars. 22-3, 22-40(6)).

Section 3 provided that:

"It is unlawful for any person to manufacture, possess...

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