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PEOPLE v. DANIELS

No. 2-98-0589.

718 N.E.2d 1064 (1999)

307 Ill. App.3d 917

241 Ill.Dec. 210

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth D. DANIELS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 13, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender and Steven E. Wiltgen (Court appointed), Office of the State Appellate Defender, Elgin, for Kenneth D. Daniels.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Mary Ellen Dienes, Northfield, for the People.

Justice COLWELL delivered the opinion of the court:

Defendant, Kenneth D. Daniels, was convicted of unlawful delivery of less than one gram of a controlled substance (cocaine) on a public way within 1,000 feet of the real property comprising a church (720 ILCS 570/401(d) (West 1996); 720 ILCS 570/407(b)(2) (West Supp.1997)). On appeal, defendant argues that section 407(b) of the Illinois Controlled Substances Act (Act) (720 ILCS 570/407(b) (West Supp. 1997)), the...

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