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PEOPLE v. BIRGE

No. 2-84-0459.

137 Ill. App.3d 781 (1985)

485 N.E.2d 37

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiffs-Appellees, v. JIMMIE L. BIRGE, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed October 23, 1985.

Attorney(s) appearing for the Case

James M. Boback, Louis A. Bianchi, and Robert Wilbrandt, all of Boback & Bianchi, Ltd., of Crystal Lake, for appellant.

Theodore Floro, State's Attorney, of Woodstock (Phyllis J. Perko, Marshall Stevens, and Cheri A. Novak, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed in part, and vacated in part and remanded.

PRESIDING JUSTICE NASH delivered the opinion of the court:

Defendant, Jimmie L. Birge, was convicted in a bench trial of the Class 3 felony of unlawful possession of more than 500 grams of cannabis (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 704(e)), and of the Class 2 felony of unlawful possession of the same substance and amount with an intent to deliver (Ill...

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