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PEOPLE v. NIEVES

No. 78-490.

99 Ill. App.3d 447 (1981)

425 N.E.2d 560

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. AMERICO NIEVES, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed August 25, 1981.

Attorney(s) appearing for the Case

Robert Agostinelli, of State Appellate Defender's Office, of Ottawa, and Russell H. Boothe, of Chicago, for appellant.

Edward F. Petka, State's Attorney, of Joliet (John X. Breslin and Kenneth A. Wilhelm, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

Defendant Americo Nieves appeals from his conviction in the circuit court of Will County for the offense of the unlawful delivery of more than 15 grams of a substance containing heroin for which he was sentenced to 30 years in prison. The charge arose out of a drug sale by defendant to an undercover narcotics officer, Joseph Andalina, on January 13, 1978. According to the officer...

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