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PEOPLE v. COX

No. 52793.

82 Ill.2d 268 (1980)

412 N.E.2d 541

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CRAIG LEE COX et al., Appellees.

Supreme Court of Illinois.

Opinion filed October 17, 1980.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Patrick Walsh, State's Attorney, of Decatur (Donald B. Mackay and Melbourne Noel, Assistant Attorneys General, of Chicago, and Gary J. Anderson and Larry Wechter, of the State's Attorneys Appellate Service Commission, of Springfield, of counsel), for the People.

Woollen, Brown, Hawkins & Basola, of Decatur (Gregory A. Mattingley, of counsel), for appellee Craig Cox.

Moody & Diamond, of Decatur, for appellee Sharon Stevens.

Theodore A. Gottfried, State Appellate Defender (Robert E. Davison and David Bergschneider, Assistant Appellate Defenders, of Springfield, of counsel), amicus curiae.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and Myra J. Brown, Assistant State's Attorneys, and Michele A. Grimaldi and Barry A. Gross, law students, of counsel), amicus curiae.

Judgments reversed; sentence vacated; cause remanded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Defendant Craig Lee Cox was charged with the offense of reckless homicide (Ill. Rev. Stat. 1977, ch. 38, par. 9-3). Following a bench trial on stipulated facts, defendant Cox was convicted and sentenced to a two-year term of imprisonment. Defendant Sharon L. Stevens was charged with the offense of possession of less than 30 grams of a controlled...

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