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PEOPLE v. JAMES

Nos. 4-91-0092, 4-91-0093 cons.

577 N.E.2d 555 (1991)

217 Ill. App.3d 482

160 Ill.Dec. 425

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jerrald L. JAMES, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

August 22, 1991.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Lawrence J. Essig, Asst. Defender, for defendant-appellant.

Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Elliott Turpin, Staff Atty., for plaintiff-appellee.

Justice STEIGMANN delivered the opinion of the court:

This appeal presents the following question: If a convicted defendant elects treatment under section 10-101 of the Illinois Alcoholism and Other Drug Dependency Act (Act) (Ill.Rev.Stat.1989, ch. 111½, par. 6360-1) in lieu of incarceration, can he constitutionally be barred from doing so because he is charged with a felony offense in an unrelated case, whereas he would not be barred from doing so if...

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