PEOPLE v. COMAGE

No. 5-97-0804.

709 N.E.2d 244 (1999)

303 Ill. App.3d 269

237 Ill.Dec. 258

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Danny COMAGE, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided January 28, 1999.

As Modified on Denial of Rehearing March 11, 1999.


Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Paige Clark Strawn, Asst. Defender (argued), Office of the State Appellate Defender, Mt. Vernon, for Danny Comage.

Lawrence R. Fichter, Decatur, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Timothy J. Londrigan, Staff Atty. (argued), State's Attys. Appellate Prosecutor, for People.


OPINION MODIFIED ON DENIAL OF REHEARING

Justice McCULLOUGH delivered the opinion of the court:

On March 21, 1997, Danny Comage was charged with unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1996)). After a jury trial on July 17, 1997, defendant was found guilty and on August 15, 1997, was sentenced to six years in the penitentiary.

All of the issues in this case revolve around the requirement that a defendant charged with...

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