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PEOPLE v. SMOTHERS

No. 77-231.

70 Ill. App.3d 589 (1979)

388 N.E.2d 1114

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. NOIL DEAN SMOTHERS, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed April 12, 1979.

Attorney(s) appearing for the Case

Michael J. Rosborough, of State Appellate Defender's Office, of Mt. Vernon, and Mary H. Chay, research assistant, for appellant.

James E. Dull, State's Attorney, of Mt. Vernon (Raymond F. Buckley, Jr., and Martin N. Ashley, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed as modified.

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

The defendant, Noil Dean Smothers, appeals from a sentence of four months to the Illinois Department of Corrections imposed upon a conviction for illegal possession of cannabis in violation of section 4(c) of the Cannabis Control Act (Ill. Rev. Stat. 1975, ch. 56 1/2, par. 704(c)).

• 1 The only issue raised on appeal is whether the court considered...

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