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PEOPLE v. AVANT

No. 4-00-0183.

771 N.E.2d 420 (2001)

331 Ill. App.3d 144

264 Ill.Dec. 716

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Montel AVANT, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

As Modified Upon Denial of Rehearing June 17, 2002.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), John M. McCarthy (argued), Assistant Defender, Office of the State Appellate Defender, Springfield, for Montel Avant.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Jeffrey K. Davison, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

MODIFIED ON DENIAL OF REHEARING

Justice MYERSCOUGH delivered the opinion of the court:

In December 1999, the trial court convicted defendant, Montel Avant, of possession of a controlled substance with intent to deliver (more than 1 gram but not more than 15 grams of a substance containing cocaine) (720 ILCS 570/401(c)(2) (West 1998)) and later sentenced him to four years in prison.

Defendant appeals, arguing that (1) the trial court erred by denying...

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