PEOPLE v. JOHNSON

No. 1-00-3416.

762 N.E.2d 615 (2001)

327 Ill. App.3d 203

261 Ill.Dec. 46

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Darryl JOHNSON, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

December 21, 2001.


Attorney(s) appearing for the Case

Rita A. Fry, Cook county Public Defender, Chicago (S. Michael Kozicki, of counsel), for Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (Renee Goldfarb and Annette Collins, of counsel), for Appellee.


Justice FROSSARD delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, defendant was found guilty of delivery of a controlled substance and sentenced to probation for three years. On appeal, defendant contends that the trial court improperly engaged in a prosecutorial function by asking the prosecution questions that elicited incompetent evidence used to convict defendant.

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