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PEOPLE v. GREEN

No. 1-90-3521.

628 N.E.2d 586 (1993)

256 Ill. App.3d 496

195 Ill.Dec. 122

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Bobby GREEN, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied December 22, 1993.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Chicago (Donna Finch, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, William D. Carrol, Andrew R. Dalkin, of counsel), for plaintiff-appellee.

Justice COUSINS, Jr. delivered the opinion of the court:

Following a trial by jury, defendant, Bobby Green (Green), was convicted of two counts of possession of a controlled substance with intent to deliver (Ill.Rev.Stat.1987, ch. 56½, pars. 1401(b)(2), (c)), and sentenced to 10 years of imprisonment. On appeal, Green argues: (1) that his conviction for possession of a controlled substance with the intent to deliver must be reduced to simple possession because...

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