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PEOPLE v. WILKINS

No. 2-02-0252.

797 N.E.2d 231 (2003)

343 Ill. App.3d 147

277 Ill.Dec. 884

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jerry A. WILKINS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 19, 2003.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Carol L. Anfinson (Court-appointed), Aurora, for Jerry A. Wilkins.

Paul A. Logli, Winnebago County State's Attorney, Rockford, Martin P. Moltz, Deputy Director, Peggy F.J. Bradford, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice CALLUM delivered the opinion of the court:

Defendant, Jerry A. Wilkins, was convicted of possession of cannabis with intent to deliver within 1,000 feet of a school (720 ILCS 550/5.2(b) (West 2000)). The fact that the offense took place within 1,000 feet of a school raised the offense from a Class 3 to a Class 2 felony. Defendant was sentenced to 10 years' imprisonment, 3 years more than the maximum sentence for a Class 2 felony. The trial court denied his...

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