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PEOPLE v. FALBE

No. 87900.

727 N.E.2d 200 (2000)

189 Ill.2d 635

244 Ill.Dec. 901

The PEOPLE of the State of Illinois, Appellant, v. Gabriella L. FALBE et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied April 3, 2000.

Attorney(s) appearing for the Case

James Creason, State's Attorney, Salem (Norbert J. Goetten, Stephen E. Norris and Patrick D. Daly, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, of counsel), for the People.

Daniel M. Kirwan, Deputy Defender, and Lawrence J. O'Neill, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellees.

Chief Justice HARRISON delivered the opinion of the court:

Defendants, Gabriella L. Falbe and Marzeal Marshall, were charged in the circuit court of Marion County with violations of section 401(c)(2) of the Illinois Controlled Substances Act (720 ILCS 570/401(c)(2) (West 1998)) (unlawful possession of cocaine with intent to deliver), said conduct allegedly occurring while defendants were on a public way within 1,000 feet of a church, a circumstance enhancing a Class...

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