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PEOPLE v. VADEN

No. 3-01-0555.

784 N.E.2d 410 (2003)

336 Ill. App.3d 893

271 Ill.Dec. 192

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Usavious D. VADEN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

February 4, 2003.

Attorney(s) appearing for the Case

Santiago A. Durango (argued), Office of the State Appellate Defender, Ottawa, for Usavious D. Vaden.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Edward D. Smith, State's Attorney, Kankakee, Robert M. Hansen (argued), State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice SCHMIDT delivered the opinion of the court:

Following a jury trial in the circuit court of Kankakee County, Usavious D. Vaden was convicted of unlawful delivery of a controlled substance within 1,000 feet of a church, a Class 1 felony. Defendant filed a motion for judgment not withstanding the verdict (judgment n.o.v.), which was denied. After the denial of defendant's motion for judgment n.o.v., the defendant was sentenced to 5½ years....

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