PEOPLE v. KELLY

No. 77-420.

76 Ill. App.3d 80 (1979)

394 N.E.2d 739

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHARLES RICHARD KELLY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed August 28, 1979.


Attorney(s) appearing for the Case

Michael J. Rosborough and Jeff M. Plesko, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Edward C. Eberspacher, State's Attorney, of Shelbyville (Raymond F. Buckley, Jr., and Curtis L. Blood, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Judgment reversed.

Mr. PRESIDING JUSTICE GEORGE J. MORAN delivered the opinion of the court:

Defendant Charles Richard Kelly was charged with unlawful possession of more than 30 but less than 500 grams of marijuana. He was convicted following a bench trial in the circuit court of Shelby County, and sentenced to the five months he had served in jail while awaiting trial, conditional discharge, and a $1000 fine payable over a two-year period. Kelly appeals,...

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