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PEOPLE v. WAGNER

No. 79-298.

91 Ill. App.3d 254 (1980)

414 N.E.2d 773

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT WAGNER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed November 25, 1980.

Attorney(s) appearing for the Case

John H. Reid and Randy E. Blue, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Clyde L. Kuehn, State's Attorney, of Belleville (Martin N. Ashley and Gillum Ferguson, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

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

Defendant-appellant Robert Wagner was convicted of selling 0.4 grams of a brown powder which he represented to be heroin to an undercover agent of the Illinois Department of Law Enforcement, in violation of section 404 of the Controlled Substances Act (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 1404). It was stipulated at trial that in fact the brown powder was neither heroin nor...

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