PEOPLE v. STUPKA

No. 2-90-0833.

589 N.E.2d 1068 (1992)

226 Ill. App.3d 567

168 Ill.Dec. 668

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Matthew STUPKA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 28, 1992.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Kathleen J. Hamill, Office of State Appellate Defender, Edward G. Moorman, Alton, Theodore A. Gottfried, App. Dfr., Office of State Appellate Defender, Springfield, for Matthew Stupka.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Martin P. Moltz, State's Atty. Appellate Prosecutor, Elgin, for the people.


Justice UNVERZAGT delivered the opinion of the court:

After a bench trial on June 4, 1990, defendant, Matthew Stupka, was convicted of unlawful delivery of a controlled substance (cocaine) (Ill.Rev.Stat.1989, ch. 56½, par. 1401(a)(2)), a Class X felony. On July 3, 1990, the trial court sentenced him to six years' imprisonment and imposed a fine of $2,900. Defendant appeals, contending that he was not proved guilty of the offense beyond a reasonable doubt because...

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