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PEOPLE v. SMITH

No. 3-87-0070.

163 Ill. App.3d 806 (1987)

516 N.E.2d 1019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES F. SMITH, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed December 8, 1987.

Attorney(s) appearing for the Case

Peter A. Carusona, of State Appellate Defender's Office, of Ottawa, for appellant.

Edward Petka, State's Attorney, of Joliet (John X. Breslin, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment vacated and cause remanded.

JUSTICE WOMBACHER delivered the opinion of the court:

Following a jury trial, the defendant James F. Smith was convicted of possession of heroin (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1402(b)) and sentenced to an extended term of five years. He appeals from his sentence. We vacate the sentence.

The evidence at trial showed that on July 17, 1986, the police executed a residential search warrant. They found the defendant...

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