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PEOPLE v. MURRY

No. 2-98-0196.

711 N.E.2d 1230 (1999)

305 Ill. App.3d 311

238 Ill.Dec. 569

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Erick L. MURRY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied July 6, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Jerry Finney (Court-appointed), Decatur, for Erick L. Murry.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Jane M. Brennan, Naperville, for the People.

Presiding Justice BOWMAN delivered the opinion of the court:

Following a jury trial, defendant, Erick Murry, was found guilty of the unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1996)). Defendant appeals, arguing that his conviction should be reversed and the cause remanded for a new trial because a per se conflict of interest arose when his attorney represented both defendant and two codefendants during preliminary hearings. We...

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