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PEOPLE v. JOSEPH

No. 83-2939.

128 Ill. App.3d 668 (1984)

470 N.E.2d 1303

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CARLOS JOSEPH, a/k/a Joseph Carlos, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed November 9, 1984.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Debra Zisook and Alison Edwards, Assistant Public Defenders, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, David A. Cuomo, and David A. Izzo, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE LORENZ delivered the opinion of the court:

Following a stipulated bench trial in the circuit court of Cook County, defendant was found guilty of possession of a controlled substance (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1402(b)) and sentenced to two years in the Illinois Department of Corrections. In this appeal, defendant contends that he was denied due process of law when he was arrested on the basis of a recalled warrant...

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