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PEOPLE v. CUNNINGHAM

No. 4-94-0978.

676 N.E.2d 998 (1997)

286 Ill. App.3d 346

222 Ill.Dec. 34

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tracy Lee CUNNINGHAM, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

January 28, 1997.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Gary R. Peterson, Asst. Defender, Office of State Appellate Defender, Marion Wanless, Senior Law Student, Office of State Appellate Defender, Springfield, for Tracy Lee Cunningham.

Lawrence R. Fichter, State's Attorney, Decatur, Norbert J. Goetten, Director, State's Attorneys Appellate Prosecutor, Robert J. Biderman, Dep. Dir., State's Attorneys Appellate Prosecutor, Linda Susan McClain, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for People.

Justice COOK delivered the opinion of the court:

In March 1994, defendant Tracy Lee Cunningham was charged with the offense of unlawful possession of controlled substance with a prior unlawful possession of controlled substance with intent to deliver conviction, in violation of section 402(c) of the Illinois Controlled Substances Act (720 ILCS 570/402(c) (West 1992)). Following the denial of his motion to suppress, defendant entered a negotiated plea. Under the terms...

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