PEOPLE v. ABATA

No. 2-84-0557.

136 Ill. App.3d 57 (1985)

482 N.E.2d 1119

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RONALD ABATA et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed August 30, 1985.


Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner, Assistant State's Attorney, and Phyllis J. Perko and Cynthia N. Schneider, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

John N. Pieper and Aldo E. Botti, both of Botti, Marinaccio, Maksym & DeSalvo, Ltd., of Oak Brook, for appellees.


Reversed and remanded.

JUSTICE STROUSE delivered the opinion of the court:

On November 17, 1982, the defendants were charged in an eight-count indictment with unlawful possession of controlled substances and unlawful possession with the intent to deliver controlled substances in violation of sections 401 and 402 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1981, ch. 56 1/2, pars. 1401(a)(2), (d), (f), 1402(a)(2), (b)), and unlawful possession...

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