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PEOPLE v. HUGHES

No. 81-404.

105 Ill. App.3d 738 (1982)

434 N.E.2d 828

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HELBERT HUGHES, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed March 31, 1982.

Attorney(s) appearing for the Case

Robert Agostinelli and Peter A. Carusona, both of State Appellate Defender's Office, of Ottawa, for appellant.

John A. Barra, State's Attorney, of Peoria (John X. Breslin and Terry A. Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

PRESIDING JUSTICE SCOTT delivered the opinion of the court:

This appeal is brought by the defendant, Helbert Hughes, from his conviction following a jury trial in Peoria County of the unlawful possession of less than 30 grams of a controlled substance, a Class 4 felony. (Ill. Rev. Stat. 1979, ch. 56 1/2, par. 1402(b).) The defendant was sentenced to two years' probation.

Prior to trial, the defendant filed a motion to suppress two...

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