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PEOPLE v. EUBANKS

No. 3-98-0144.

716 N.E.2d 1253 (1999)

307 Ill. App.3d 39

240 Ill.Dec. 306

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Theodore EUBANKS, Defendant-Appellant.

Appellate Court of Illinois, Third District.

September 3, 1999.

Attorney(s) appearing for the Case

Kenneth D. Brown, Office of the State Appellate Defender, Ottawa, for Theodore Eubanks.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Marshall E. Douglas, State's Attorney, Rock Island, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice HOMER delivered the opinion of the court:

The defendant, Theodore Eubanks, was convicted of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1996)) and sentenced to six years in prison. On appeal, he relies on Supreme Court Rule 63(C)(1)(c) (155 Ill.2d R. 63(C)(1)(c)) to support his contention that the trial judge erred in refusing to disqualify himself from the case based on his earlier prosecution of the defendant on similar charges...

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