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PEOPLE v. GAYTAN

No. 2-87-1198.

186 Ill. App.3d 919 (1989)

542 N.E.2d 1163

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BASILIO GAYTAN, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed August 1, 1989.

Attorney(s) appearing for the Case

G. Joseph Weller and Thomas A. Lilien, both of State Appellate Defender's Office, of Elgin, for appellant.

James E. Ryan, State's Attorney, of Wheaton, and Barbara J. Slingerland, of Springfield (William L. Browers, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Affirmed in part and vacated in part.

JUSTICE REINHARD delivered the opinion of the court:

Defendant, Basilio Gaytan, was found guilty following a bench trial of one count of unlawful delivery of 15 grams or more of a substance containing cocaine (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1401(a)(2)) and one count of unlawful possession of a controlled substance with intent to deliver a controlled substance containing 15 grams or more of cocaine (Ill. Rev. Stat...

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