PEOPLE v. AUSTIN

No. 1-88-0772.

195 Ill. App.3d 17 (1990)

551 N.E.2d 1074

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOHN AUSTIN, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 6, 1990.


Attorney(s) appearing for the Case

Cecil A. Partee, State's Attorney, of Chicago (Inge Fryklund and Scott Lane, Assistant State's Attorneys, of counsel), for the People.

Randolph N. Stone, Public Defender, of Chicago (Barbara McClure, Assistant Public Defender, of counsel), for appellee.


Reversed and remanded.

PRESIDING JUSTICE BUCKLEY delivered the opinion of the court:

The State appeals from an order of the circuit court of Cook County which dismissed defendant's indictment for possession of a controlled substance with the intent to deliver (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1401(c)). We reverse and remand for further proceedings.

Defendant was arrested on October 10, 1986, for his alleged possession of approximately 4 1/2 grams...

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