PEOPLE v. CARTER

No. 1-97-1564.

697 N.E.2d 895 (1998)

297 Ill. App.3d 1028

232 Ill.Dec. 153

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Larry CARTER, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

June 30, 1998.


Attorney(s) appearing for the Case

Howard M. Rubin, Timothy P. Walsh, DePaul Legal Clinic, Chicago, for Defendant-Appellant.

Richard A. Devine, State's Attorney, County of Cook (Renee Goldfarb, William Toffenetti, Bryan Hofeld, Asst. State's Attorneys, of counsel), for Plaintiff-Appellee.


Justice WOLFSON delivered the opinion of the court:

A jury found Larry Carter (Carter) guilty of three varieties of cocaine possession. It turns out the charge of possession of a controlled substance with intent to deliver within 1,000 feet of a school is fatally defective. Both sides agree. That conviction must be reversed.

The issue we are left with when we review the remaining possession charges is what to do about the State's evidence and comments concerning...

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