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PEOPLE v. BARASH

No. 3-00-0972.

759 N.E.2d 590 (2001)

325 Ill. App.3d 741

259 Ill.Dec. 810

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Simon BARASH, Defendant-Appellant.

Appellate Court of Illinois, Third District.

November 9, 2001.

Attorney(s) appearing for the Case

Jed Stone (argued), John Curnyn, Stone & Associates, Waukegan, for Simon Barash.

James Ryan, Attorney General, William L. Browers, Karen Kaplan (argued), Assistant Attorneys General, Joel D. Bertocchi, Solicitor General, Chicago, for the People.

Presiding Justice HOMER delivered the opinion of the court:

The defendant, Simon Barash, was charged with cannabis trafficking (720 ILCS 550/5.1 (West 2000)) and unlawful possession of cannabis with intent to deliver (720 ILCS 550/5(g) (West 2000)). He filed a motion to bar prosecution and dismiss the indictment based on constitutional and statutory grounds of double jeopardy. The motion was denied, and the defendant filed an interlocutory appeal alleging that the...

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