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PEOPLE EX REL. BAKER v. COWLIN

No. 73250.

607 N.E.2d 1251 (1992)

154 Ill.2d 193

180 Ill.Dec. 738

The PEOPLE of the State of Illinois ex rel. Thomas BAKER, Petitioner, v. Henry COWLIN, Circuit Judge of the 19th Judicial Circuit, et al., Respondents.

Supreme Court of Illinois.

Rehearing Denied February 1, 1993.

Attorney(s) appearing for the Case

Thomas F. Baker, State's Atty., Woodstock, and Norbert J. Goetten, William L. Browers and Cynthia N. Schneider, of the Office of the State's Attys. App. Pros., Elgin, for petitioner.

Roland W. Burris, Atty. Gen., Springfield (Rosalyn B. Kaplan, Sol. Gen., and Deborah L. Ahlstrand, Asst. Atty. Gen., Chicago, of counsel), for respondent Hon. Henry L. Cowlin.

Phyllis J. Perko, Harlovic & Perko, West Dundee, for respondent Thomas Whitt.

Sheldon L. Banks, Chicago, for respondent Brad Bartnick.

Justice FREEMAN delivered the opinion of the court:

The parties do not dispute the pertinent facts. Following unrelated trials in the circuit court of McHenry County, defendants, Brad Bartnick and Thomas Whitt, were each convicted of, inter alia, delivering over 5 grams of cocaine, in violation of what was section 401(b)(2) of the Illinois Controlled Substances Act (Act), as amended by Public Act 86-604 (Ill.Rev...

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