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PEOPLE v. HEIL

No. 49748.

71 Ill.2d 458 (1978)

376 N.E.2d 1002

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. STERLING HEIL, Appellee.

Supreme Court of Illinois.

Opinion filed May 16, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Clyde L. Kuehn, State's Attorney, of Belleville (Donald B. Mackay and Melbourne A. Noel, Assistant Attorneys General, of Chicago, and James E. Hinterlong and Linda M. Vodar, of the State's Attorneys' Appellate Service Commission, of Ottawa, of counsel), for the People.

Michael J. Rosborough, Deputy Defender, and John H. Reid, Assistant Defender, of the Office of the State Appellate Defender, of Mt. Vernon, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

In a bench trial in the circuit court of St. Clair County, defendant, Sterling Heil, was convicted of the offense of unlawful delivery of a controlled substance (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1401(b)), sentenced to three years' probation and fined $500. The appellate court reversed (

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