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PEOPLE v. LEAHY

No. 4-99-0198.

751 N.E.2d 634 (2001)

322 Ill. App.3d 974

256 Ill.Dec. 244

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Francis X. LEAHY III, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

June 28, 2001.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), John M. McCarthy, Asst. Defender, Office of the State Appellate Defender, Springfield, for Francis X. Leahy III.

Barney S. Bier, State's Attorney, Quincy, Norbert J. Goetten, Director, Robert J. Biderman, Dep. Director, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice COOK delivered the opinion of the court:

On December 8, 1998, defendant, Francis X. Leahy III, entered a negotiated plea of guilty to one count of unlawful delivery of more than 30 grams but not more than 500 grams of cannabis (720 ILCS 550/5(d) (West 1998)). The plea agreement included a recommended sentence cap of 3 1/2 years' imprisonment. On January 17, 1999, the trial court sentenced Leahy to 3 1/2 years' imprisonment, admonishing him in conformity with...

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