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PEOPLE v. THOMAS

No. 74-172.

38 Ill. App.3d 685 (1976)

348 N.E.2d 282

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JIMMIE D. THOMAS, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed May 20, 1976.

Attorney(s) appearing for the Case

Hollis Ruth Hill, of Chicago, for appellant.

Michael M. Mihm, State's Attorney, of Peoria (James Hinterlong and John X. Breslin, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

Following a jury trial defendant was found guilty of delivery of over 30 grams of a substance containing cocaine in violation of section 401(a)(2) of the Controlled Substances Act (Ill. Rev. Stat. (1975), ch. 56 1/2, par. 1401(a)(2)), and was sentenced to a term of imprisonment for not less than 8 years nor more than 24 years. The issues on appeal are whether the graduated penalty provision...

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