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PEOPLE v. DURHAM

No. 3-89-0201.

193 Ill. App.3d 545 (1990)

550 N.E.2d 259

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TRACEY DURHAM, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed January 25, 1990.

Attorney(s) appearing for the Case

Joseph N. Ehmann, of State Appellate Defender's Office, of Ottawa, for appellant.

Edward Burmila, State's Attorney, of Joliet (Nancy Rink Carter, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment reversed.

JUSTICE SCOTT delivered the opinion of the court:

After a bench trial, the defendant, Tracey Durham, was found guilty of possession and possession with intent to deliver cocaine. The possession conviction was vacated, and defendant was sentenced to a five-year term of imprisonment for possession with intent to deliver cocaine.

The sole issue raised in this appeal is whether the trial court abused its discretion by granting a motion...

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