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PEOPLE v. DuMONTELLE

No. 49731.

71 Ill.2d 157 (1978)

374 N.E.2d 205

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. MICHAEL DuMONTELLE, Appellant.

Supreme Court of Illinois.

Opinion filed March 23, 1978.

Attorney(s) appearing for the Case

Ralph Ruebner, Deputy Defender, and Kathy M. Morris, Assistant Defender, of the Office of the State Appellate Defender, of Chicago, for appellant.

William J. Scott, Attorney General, of Springfield, and L. Patrick Power, State's Attorney, of Kankakee (Donald B. Mackay and Melbourne A. Noel, Assistant Attorneys General, of Chicago, and James E. Hinterlong and Linda M. Vodar, of the Illinois State's Attorneys Association Prosecutors' Appellate Service, of Ottawa), for the People.

Reversed.

MR. JUSTICE RYAN delivered the opinion of the court:

The defendant, Michael DuMontelle, pleaded guilty to the charge of possession of cannabis, in violation of the Cannabis Control Act (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 704(c)) (hereinafter cited as the Act). The circuit court of Kankakee County placed him on probation as provided in section 10 of the Act (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 710...

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