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PEOPLE v. KIMMONS

No. 78-513.

79 Ill. App.3d 601 (1979)

399 N.E.2d 187

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GENE KIMMONS, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed December 14, 1979.

Attorney(s) appearing for the Case

John H. Reid, of State Appellate Defender's Office, of Mt. Vernon, for appellant.

William A. Schuwerk, Jr., State's Attorney, of Chester (Raymond F. Buckley, Jr., and Gillum Ferguson, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

Mr. PRESIDING JUSTICE JONES delivered the opinion of the court:

Defendant, Gene Kimmons, was charged with unlawful possession of diazepam, a Schedule IV controlled substance (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 1210). Following a bench trial, he was convicted of a violation of section 402 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 1402), and sentenced to four years in the penitentiary, to be served...

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