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PEOPLE v. HONN

Nos. 13439, 13747, 13286, 13728 cons.

47 Ill. App.3d 378 (1977)

362 N.E.2d 90

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL J. HONN, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS LEE KELLY, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RUSSELL MARSTON HUNT, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JEFFREY VANCE, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed April 14, 1977.

Attorney(s) appearing for the Case

Michael L. Pritzker, David M. Schneider, Marvin Jay Glass, and Marvin Leavitt, all of Pritzker and Glass, Ltd., of Chicago, for appellants.

Paul R. Welch, State's Attorney, of Bloomington (G. Michael Prall, James E. Hinterlong, James R. Sanders, and John X. Breslin, all of Illinois State's Attorneys Association, of counsel), for the People.

Reversed in part and remanded.

Mr. JUSTICE REARDON delivered the opinion of the court:

The four cases discussed in this opinion involve allegations that the judge who sentenced the defendants abused his discretion in arbitrarily denying probation. Each defendant was convicted of delivering controlled substances in violation of section 401 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1401), and each defendant was sentenced...

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