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PEOPLE v. COCHRAN

No. 2-00-0059.

753 N.E.2d 1155 (2001)

323 Ill. App.3d 669

257 Ill.Dec. 529

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dean E. COCHRAN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 18, 2001.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Mark A. Lyon (Court-appointed), Chicago, for Dean E. Cochran.

Paul A. Logli, Winnebago County State's Attorney, Rockford, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Robert E. Davison, DePaepe & Davison, Springfield, for the People.

Justice GROMETER delivered the opinion of the court:

Following a bench trial, defendant, Dean E. Cochran, was found guilty of possession with intent to deliver a look-alike substance (720 ILCS 570/404(b) (West 2000)). Because the offense was committed within 1,000 feet of a school, it was elevated from a Class 3 felony to a Class 2 felony (720 ILCS 570/407(b)(3) (West 2000)) and was nonprobationable (730 ILCS 5/5-5-3(c)(2)(D) (West 2000)). Defendant appeals and contends...

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