PEOPLE v. OLIVAREZ

No. 1-94-0831.

664 N.E.2d 156 (1996)

279 Ill. App.3d 90

215 Ill.Dec. 759

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Rene OLIVAREZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

March 29, 1996.


Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Gwendolyn Reeves, Assistant Appellate Defender, Chicago, for Appellant.

Jack O'Malley, State's Attorney, Cook County, Chicago (Renee Goldfarb, Robert Robertson, Assistant State's Attorneys, of counsel), for Appellee.


Justice COUSINS delivered the opinion of the court:

Defendant Rene Olivarez was convicted, following a bench trial, for cannabis trafficking and possession of cannabis with intent to deliver. The trial judge sentenced him to eight years' imprisonment. On appeal, Olivarez argues that: (1) the cause should be remanded for a finding of fact as to whether the encounter between him and the police was consensual; (2) his sentence must be vacated and the cause remanded because...

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