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PEOPLE v. URICK

No. 2-98-1378.

724 N.E.2d 546 (2000)

311 Ill. App.3d 304

243 Ill.Dec. 947

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James M. URICK, Defendant-Appellee.

Appellate Court of Illinois, Second District.

January 26, 2000.

Attorney(s) appearing for the Case

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, John X. Breslin, Deputy Director, Rita Kennedy Mertel, State's Attorney Appellate Prosecutor, Ottawa, for the People.

Richard A. Kayne, DiBenedetto & Krejci, P.C., Clarendon Hills, for James M. Urick.

Justice GALASSO delivered the opinion of the court:

The State appeals from the circuit court's order dismissing an indictment that charged defendant, James M. Urick, with unlawful possession of cannabis (720 ILCS 550/4(d) (West 1996)). The State contends that the trial court erroneously interpreted section 7(b) of the Cannabis Control Act (the Act) (720 ILCS 550/7(b) (West 1996)) as requiring the State to dismiss the indictment and file a juvenile delinquency petition...

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