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PEOPLE v. DAY

No. 3-95-0483.

665 N.E.2d 867 (1996)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dana Shawn DAY, Defendant-Appellant.

Appellate Court of Illinois, Third District.

May 9, 1996.

Attorney(s) appearing for the Case

George C. Howard (argued), George C. Howard Ltd. & Associates, Elreta C.L. Dickinson, Chicago, for Defendant-Appellant.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, James Glasgow, Will County State's Attorney, Joliet, Gary F. Gnidovec (argued), States' Attorneys Appellate Prosecutor, Ottawa, for Plaintiff-Appellee.

Justice MICHELA delivered the opinion of the court:

Defendant Dana Day was indicted by a Will County grand jury on two counts of unlawful delivery of a controlled substance within 1000 feet of a public park and one count of unlawful delivery of a controlled substance within 1000 feet of a school, and three counts of unlawful delivery of a controlled substance. 720 ILCS 570/401(c)(2); 720 ILCS 570/407(b)(1) (West 1994). Defendant pled not guilty and raised the affirmative...

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