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PEOPLE v. NEWBERRY

No. 77864.

652 N.E.2d 288 (1995)

166 Ill.2d 310

209 Ill.Dec. 748

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

Supreme Court of Illinois.

June 22, 1995.

Attorney(s) appearing for the Case

Roland W. Burris and James E. Ryan, Attys. Gen., Springfield, and David R. Akemann, State's Atty., St. Charles (Norbert J. Goetten, William L. Browers and Lisa Anne Hoffman, of the Office of the State's Attys. Appellate Prosecutor, Elgin, of counsel), for the People.

G. Joseph Weller, Deputy Defender, and Paul Alexander Rogers, Asst. Defender, of the Office of the State Appellate Defender, Elgin, for appellee.

Justice HARRISON delivered the opinion of the court:

The issue in this case is whether a criminal defendant charged with unlawful possession of a controlled substance is entitled to have the charges dismissed if the State destroys the substance in question after defense counsel has made a discovery request for it in accordance with Supreme Court Rule 412 (134 Ill.2d R. 412). For the reasons that follow, we hold that dismissal of the charges is mandated by due process...

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