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PEOPLE v. MATHEY

Nos. 57731, 57765 cons.

99 Ill.2d 292 (1983)

458 N.E.2d 499

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MATT MATHEY, Appellee. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. LINDA FEIGENHEIMER, Appellee.

Supreme Court of Illinois.

Rehearing denied January 27, 1984.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Michael B. Weinstein, Assistant Attorney General, and Michael E. Shabat, Lawrence R. Stasica, Mary Alice McKenzie, and Michele A. Grimaldi, Assistant State's Attorneys, all of Chicago, of counsel), for the People.

Marvin Bloom, of Chicago, for appellee Matt Mathey.

Dennis M. Zitzer, of Barnett, Nagel & Zitzer, of Chicago, for appellee Linda Feigenheimer.

Reversed and remanded.

JUSTICE WARD delivered the opinion of the court:

In each of two criminal cases, the defendant was charged with possession of marijuana under a section of the Cannabis Control Act (the Act) (Ill. Rev. Stat. 1981, ch. 56 1/2, pars. 704(d), 705(d)). In both cases, the same trial judge in the circuit court of Cook County held section 10 of the Act (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 710) to be unconstitutional.

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