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PEOPLE v. SPANN

No. 1-00-4218.

765 N.E.2d 1114 (2002)

328 Ill. App.3d 318

262 Ill.Dec. 506

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Broshune SPANN, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

March 1, 2002.

Attorney(s) appearing for the Case

Rita A. Fry, Cook County Public Defender, Chicago (Hugh Stevens, of counsel), for Appellant.

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

Justice FROSSARD delivered the opinion of the court:

Following a bench trial defendant was found guilty of four counts of possession of a controlled substance with intent to deliver and sentenced to 10 years in prison. On appeal defendant contends that the class X sentence was improper because it was based on a defective indictment; the state failed to prove the offenses were committed on a public way; the state failed to prove defendant possessed with intent to deliver...

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