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PEOPLE v. SPATES

No. 85-0055.

143 Ill. App.3d 563 (1986)

493 N.E.2d 388

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TOMPPY SPATES, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed May 16, 1986.

Attorney(s) appearing for the Case

Michael E. Ryan, of Kiss & Ryan, of Carpentersville, for appellant.

Robert Morrow, State's Attorney, of Geneva (William L. Browers and Virginia M. Ashley, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE STROUSE delivered the opinion of the court:

Defendant, Tomppy Spates, appeals from his conviction of delivery of more than 30 grams of a controlled substance in violation of section 401(a)(2) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1983, ch. 56 1/2, par. 1401(a)(2)). He claims he was denied a fair trial in the circuit court because the assistant State's Attorney who tried the case had instructed one of the witnesses...

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