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PEOPLE v. SCHMALZ

No. 3-98-0097.

718 N.E.2d 297 (1999)

307 Ill. App.3d 699

240 Ill.Dec. 816

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jennifer R. SCHMALZ, Defendant-Appellant.

Appellate Court of Illinois, Third District.

September 22, 1999.

Attorney(s) appearing for the Case

Anthony M. Petrone, Chicago, for Jennifer Schmalz.

John X. Breslin, Deputy Director, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, Nancy Rink Carter, State's Attorneys Appellate Prosecutor, Ottawa, for People.

Justice KOEHLER delivered the opinion of the court:

The defendant, Jennifer R. Schmalz, appealed her conviction in a bench trial for unlawful possession of cannabis and drug paraphernalia (720 ILCS 550/4(a), 600/3.5(a) (West 1996)). Concluding that the State had not proven constructive possession where the defendant was not in control of the premises, this court reversed the defendant's conviction (People v. Schmalz, No. 3-98-0097 (1998) (unpublished order...

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