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PEOPLE v. SINNOTT

No. 4-91-0274.

590 N.E.2d 502 (1992)

226 Ill. App.3d 923

168 Ill.Dec. 865

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth W. SINNOTT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

March 26, 1992.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, M. Jeffrey Bergschneider, Asst. Defender, Springfield, for defendant-appellant.

Charles G. Reynard, State's Atty., McLean County Law & Justice Center, Bloomington, Kenneth R. Boyle, Director State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director (Kevin T. McClain of counsel), Springfield, for plaintiff-appellee.

Justice KNECHT delivered the opinion of the court:

On April 12, 1990, defendant Kenneth Sinnott was charged in McLean County with possession of a controlled substance with intent to deliver. (Ill.Rev.Stat.1989, ch. 56½, par. 1402(a)(2)(A).) On January 31, 1991, a jury acquitted defendant of the charged offense but convicted him of the uncharged included offense of unlawful possession of a controlled substance. (Ill. Rev.Stat.1989, ch. 56½, par. 1402(a)(2...

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