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PEOPLE v. AVERY

No. 4-99-0952.

749 N.E.2d 386 (2001)

321 Ill. App.3d 414

255 Ill.Dec. 285

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles L. AVERY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

April 26, 2001.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Gary R. Peterson, Assistant Defender, Office of the State Appellate Defender, Springfield, for Charles L. Avery.

Charles G. Reynard, State's Attorney, Bloomington, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Kathy Shepard, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Presiding Justice STEIGMANN delivered the opinion of the court:

In July 1999, the trial court convicted defendant, Charles L. Avery, in a bench trial in McLean County case No. 98-CF-894 of (1) making a false report of a motor vehicle theft (625 ILCS 5/4-103(a)(6) (West 1998)) and (2) possession of a controlled substance (less than 15 grams of a substance containing cocaine) (720 ILCS 570/402(c) (West 1998)) and later sentenced him to nine and six years in prison,...

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