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PEOPLE v. MARUNGO

Nos. 2-02-1069, 2-02-1070.

800 N.E.2d 562 (2003)

344 Ill. App.3d 287

279 Ill.Dec. 494

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Octaviano MARUNGO, Defendant-Appellee.

Appellate Court of Illinois, Second District.

November 21, 2003.

Attorney(s) appearing for the Case

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Jennifer W. Stock, Law Offices of Kathleen Colton, Ltd., Batavia, for Octaviano Marungo.

Justice BYRNE delivered the opinion of the court:

In case No. 01-CF-3161, defendant, Octaviano Marungo, was indicted for two counts of unlawful use of a weapon within 1,000 feet of a school or park (720 ILCS 5/24-1(c)(1.5) (West 2000)), and three counts of unlawful use of a weapon (720 ILCS 5/24-1(a)(4) (West 2000)). In case No. 01-CF-3614, defendant was indicted for the offenses of unlawful possession of a controlled substance with intent to deliver (720 ILCS 570...

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