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PEOPLE v. DAVIS

No. 5-90-0828.

594 N.E.2d 423 (1992)

229 Ill. App.3d 869

171 Ill.Dec. 571

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mark DAVIS, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

June 8, 1992.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Robert S. Burke, Asst. Defender, Office of State Appellate Defender, Fifth Judicial Dist., Mt. Vernon, for defendant-appellant.

Paula Phillips, State's Atty., Effingham, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Defender, Gerry R. Arnold, Staff Atty., Office of State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice WILLIAM A. LEWIS delivered the opinion of the court:

Defendant appeals from the denial of his post-conviction petition. He makes two arguments on appeal: (1) his conviction for possession of cannabis is improper because possession of cannabis is a lesser-included offense of possession of cannabis with intent to deliver; and (2) he was denied effective assistance of counsel in the post-conviction hearing because counsel did not comply with Supreme Court Rule...

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