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PEOPLE v. KELK

No. 4-90-0383.

566 N.E.2d 835 (1991)

208 Ill. App.3d 313

152 Ill.Dec. 958

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. John P. KELK, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

January 29, 1991.

Attorney(s) appearing for the Case

John Turner, State's Atty. Lincoln, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Gwendolyn W. Klinger, Staff Atty., for plaintiff-appellant.

Adam N. Stillo, Jr., Stillo & Pechter, Ltd., Oak Lawn, Thomas J. Skryd & Associates, Cicero, for defendant-appellee.

Justice McCULLOUGH delivered the opinion of the court:

On December 28, 1989, the defendant, John P. Kelk, was charged with possession of between 30 and 500 grams of cannabis in violation of section 4(d) of the Cannabis Control Act (Act) (Ill.Rev.Stat.1989, ch. 56½, par. 704(d)) and possession with the intent to deliver between 30 and 500 grams of cannabis in violation of section 5(d) of the Act (Ill.Rev.Stat.1989, ch. 56½, par. 705(d)). Defendant filed a...

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