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PEOPLE v. NEWBERRY

No. 2-92-0822.

638 N.E.2d 1196 (1994)

265 Ill. App.3d 688

203 Ill.Dec. 70

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Charles S. NEWBERRY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 17, 1994.

Attorney(s) appearing for the Case

David R. Akemann, Kane County State's Atty., St. Charles, William L. Browers, Deputy Director, Lisa Anne Hoffman, State's Attys. Appellate Prosecutors, Elgin, for People.

G. Joseph Weller, Deputy Defender, Paul Alexander Rogers, Office of State Appellate Defender, Elgin, for Charles S. Newberry.

Justice McLAREN delivered the opinion of the court:

The defendant, Charles Newberry, was indicted in the circuit court of Kane County on a single count of unlawful possession of a look-alike substance with intent to distribute (Ill.Rev.Stat.1991, ch. 56 ½, par. 1404(b) (now 720 ILCS 570/404(b) (West 1992))). The charge was nol-prossed pursuant to a motion by the State, and the defendant was reindicted on different charges involving the same substance. The new...

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