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PEOPLE v. FRENCH

No. 78-322.

84 Ill. App.3d 60 (1980)

404 N.E.2d 1136

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS NEIL FRENCH, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed May 16, 1980.

Attorney(s) appearing for the Case

Robert Agostinelli and G. Joseph Weller, both of State Appellate Defender's Office, of Ottawa, for appellant.

John R. Clerkin, State's Attorney, of Macomb (John X. Breslin, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

This appeal is taken from the conviction of the defendant, Thomas Neil French, for unlawful delivery of a substance represented to be a controlled substance. Following a bench trial in the circuit court of McDonough County, the defendant was sentenced to two years probation and was fined $750.

The sole issue raised on appeal is whether the lack of a formal jury waiver requires...

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