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PEOPLE v. WOLGEMUTH

No. 49149.

69 Ill.2d 154 (1977)

370 N.E.2d 1067

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

Supreme Court of Illinois.

Opinion filed December 12, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Edward Keefe, State's Attorney, of Rock Island (James B. Zagel, Jayne A. Carr, Donald B. Mackay, Raymond McKoski, and Thomas Connors, Assistant Attorneys General, of Chicago, and James E. Hinterlong, of the Illinois State's Attorneys Association Prosecutors Appellate Service, of Ottawa, of counsel), for the People.

Ralph Ruebner, Deputy Defender, and Richard E. Steck, Assistant Defender, of the Office of State Appellate Defender, of Chicago, for appellee.

Fred E. Inbau, of Chicago, and Frank G. Carrington, of Evanston, for amicus curiae Americans for Effective Law Enforcement, Inc.

Wayne W. Schmidt, of Evanston, for amicus curiae Illinois Association of Chiefs of Police, Inc.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE MORAN delivered the opinion of the court:

After a jury trial in the circuit court of Rock Island County, the defendant, Danny Ray Wolgemuth, was convicted of unlawful possession of less than 200 grams of a controlled substance. He was sentenced to a term of imprisonment of not less than one year nor more than three years. The appellate court reversed the conviction, holding that the trial court...

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