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PEOPLE v. GARCIA

No. 80-2073.

109 Ill. App.3d 142 (1982)

440 N.E.2d 269

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GERARDO GARCIA, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed September 8, 1982.

Attorney(s) appearing for the Case

Sam Adam, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Casimir J. Bartnik, and Dean P. Karlos, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE RIZZI delivered the opinion of the court:

Defendant, Gerardo Garcia, was tried by a jury and found guilty of possession and possession with intent to deliver cocaine, a controlled substance (Ill. Rev. Stat. 1979, ch. 56 1/2, pars. 1401(a)(2), 1402(a)(2)). He contends that the judgment should be reversed and the case remanded because he was denied an evidentiary hearing on his motion to suppress and because of prosecutorial errors...

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