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PEOPLE v. AYALA

No. 80-473.

96 Ill. App.3d 880 (1981)

422 N.E.2d 127

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ALBERTO AYALA, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed May 26, 1981.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Timothy K. McMorrow, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Marcia B. Orr, Mary Ellen Dienes, and Barry S. Pechter, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed as modified and cause remanded.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Following a jury trial, defendant was convicted of possession of more than 30 grams of a controlled substance (heroin) and sentenced to 4 years in the penitentiary. (Ill. Rev. Stat. 1977, ch. 56 1/2, par. 1402(a)(1).) On appeal, defendant contends (1) he was not proved guilty beyond a reasonable doubt because the State's expert testified that only one...

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