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PEOPLE v. PEREZ

Nos. 3-96-0673, 3-96-0674.

681 N.E.2d 173 (1997)

288 Ill. App.3d 1037

224 Ill.Dec. 191

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Miguel PEREZ, Defendant-Appellant. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carlos J. DIAZ, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied July 14, 1997.

Attorney(s) appearing for the Case

Joseph J. Cavanaugh (argued), Chicago, for Miguel Perez.

Carl M. Walsh (argued), Chicago, for Carlos J. Diaz.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Marc Bernabei, State's Attorney, Princeton, Terry A. Mertel (argued), States' Attorneys Appellate Prosecutor, Judith Kelly (argued), Ottawa, for the People.

Justice McCUSKEY delivered the opinion of the court:

Following a stipulated bench trial, the defendants, Miguel Perez and Carlos J. Diaz, were convicted of controlled substance trafficking (720 ILCS 570/401.1 (West 1994)). Pursuant to an agreement, both defendants were sentenced to a term of 40 years in the Department of Corrections. The defendants each filed a timely notice of appeal. The appeals were consolidated by this court.

On appeal, both defendants...

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