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PEOPLE v. SCHMITT

Nos. 85-0697, 85-0751 cons.

173 Ill. App.3d 66 (1988)

527 N.E.2d 384

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. VERNON SCHMITT et al., Defendants-Appellants.

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

Opinion filed July 8, 1988.

Attorney(s) appearing for the Case

Thomas J. Royce and Kent R. Carlson, both of Chicago, for appellant Vernon Schmitt.

James J. McGraw, Joel Gould, and Vincent Davino, all of Chicago, for appellant Frank Nielson.

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry, Peter D. Fischer, and Michael D. Krejci, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE PINCHAM delivered the opinion of the court:

Following a bench trial the defendants, Vernon Schmitt and Frank Nielsen, were found guilty of unlawfully delivering a controlled substance, cocaine, to Glenn Schneider on January 5, 1983. (Ill. Rev. Stat. 1987, ch. 56 1/2, par. 1401(a).) Schmitt was sentenced to seven years' imprisonment and Nielsen was sentenced to nine years' imprisonment...

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