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PEOPLE v. CLARK

No. 80-683.

98 Ill. App.3d 405 (1981)

424 N.E.2d 879

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHARLES E. CLARK, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied August 27, 1981.

Attorney(s) appearing for the Case

Robert Agostinelli and Thomas Lilien, both of State Appellate Defender's Office, of Ottawa, for appellant.

L. Patrick Power, State's Attorney, of Kankakee (John X. Breslin, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE STOUDER delivered the opinion of the court:

This is an appeal by the defendant, Charles E. Clark, from his conviction for possession of between 30 and 500 grams of cannabis. After being found guilty in a stipulated bench trial, the defendant was fined $300 and sentenced to 18 months' probation. Prior to trial, however, the defendant did move to suppress as evidence the cannabis seized, and it is

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