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PEOPLE v. PORTER

No. 79-52.

75 Ill. App.3d 152 (1979)

394 N.E.2d 28

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RON S. PORTER et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed August 7, 1979.

Attorney(s) appearing for the Case

Lloyd Middleton, State's Attorney, of Pinckneyville (Raymond F. Buckley, Jr., and Martin N. Ashley, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

R.N. Gandy, of Peek and Gandy, of Du Quoin, for appellees.

Judgment affirmed.

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

Defendants pleaded guilty to violations of the Cannabis Control Act (hereinafter "the Act") and were placed on probation pursuant to section 10 of the Act (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 710). Defendants later moved for a refund of the fines and costs, relying on People v. DuMontelle (1978), 71 Ill.2d 157,

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