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PEOPLE v. GATHING

No. 3-01-0328.

778 N.E.2d 215 (2002)

334 Ill. App.3d 617

268 Ill.Dec. 229

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gaylord GATHING, Defendant-Appellant.

Appellate Court of Illinois, Third District.

September 12, 2002.

Attorney(s) appearing for the Case

Santiago A. Durango, Office of the State Appellate Defender, Ottawa, for Gaylord Gathing.

James Ryan, Attorney General, Chicago, John X. Breslin, Deputy Director, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, Edward D. Smith, State's Attorney, Kankakee, for the People.

Justice HOMER delivered the opinion of the court:

The defendant, Gaylord Gathing, was convicted in a bench trial of unlawful possession of a controlled substance with the intent to deliver (720 ILCS 570/401 (a) (2) (A) (West 2000)), and sentenced to six years in prison. The defendant was ordered to pay a $ 3,000 drug assessment, a $ 100 laboratory fee, and court costs. The court ordered the Department of Corrections (DOC) to withhold up to 50% from the defendant's...

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