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PEOPLE v. SMITH

No. 81-67.

103 Ill. App.3d 430 (1982)

431 N.E.2d 699

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD E. SMITH, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed January 26, 1982.

Attorney(s) appearing for the Case

Robert Agostinelli and Verlin R.F. Meinz, both of State Appellate Defender's Office, of Ottawa, for appellant.

Bruce W. Black, State's Attorney, of Pekin (John X. Breslin and Gary F. Gnidovec, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

JUSTICE STOUDER delivered the opinion of the court:

The defendant, Richard Smith, was charged by indictment with the unlawful possession of a controlled substance (cocaine) and with the unlawful possession of cannabis, violations of section 402(b) of the Illinois Controlled Substances Act and section 4(a) of the Cannabis Control Act (Ill. Rev. Stat. 1979, ch. 56 1/2, pars. 1402(b) and 704(a)), respectively. The defendant was convicted of...

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