PEOPLE v. GOMEZ

No. 1-90-3196.

603 N.E.2d 702 (1992)

236 Ill. App.3d 283

177 Ill.Dec. 632

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Daniel GOMEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

September 30, 1992.


Attorney(s) appearing for the Case

Irving Miller of Ryan, Miller & Trafelet, P.C., Chicago (Mary Ellen Dienes, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty. of Cook County, Chicago (Renee Goldfarb, James Fitzgerald, Asst. State's Attys., Christine Perille, Sp. Asst. State's Atty., of counsel), for plaintiff-appellee.


Presiding Justice JIGANTI delivered the opinion of the court:

Following a jury trial, the defendant, Daniel Gomez, appeals from his convictions for possession of cannabis and possession of cocaine with intent to deliver. We consider (1) whether the trial court erred in failing to conduct an evidentiary hearing pursuant to Franks v. Delaware (1978), 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667, to determine whether the search warrant...

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