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PEOPLE v. MARTINEZ

No. 3-91-0021.

596 N.E.2d 1179 (1992)

231 Ill. App.3d 302

173 Ill.Dec. 300

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Juan R. MARTINEZ, a/k/a Antonio Benavides, Defendant-Appellee.

Appellate Court of Illinois, Third District.

Rehearing Denied August 14, 1992.

Attorney(s) appearing for the Case

Judith Z. Kelly, John X. Breslin, Deputy Director, States' Attys. Appellate Prosecutors, Ottawa, and Marshall E. Douglas, State's Atty., Rock Island, for the People.

Scott R. Guido, Gary L. Gearhart & Associates, La Salle, for Juan Martinez.

Presiding Justice BARRY delivered the Opinion of the court.

On July 18, 1990, defendant Juan Martinez was charged with having committed offenses of unlawful delivery of heroin and cocaine on April 19 and May 30, 1989, respectively, in violation of sections 401(c) and 401(b)(2) of the Illinois Controlled Substances Act (Ill.Rev.Stat.1987, ch. 56½, pars. 1401(c) and 1401(b)(2)). Defendant pleaded not guilty, and filed motions to dismiss the charges and to quash...

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