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PEOPLE v. PROBST

No. 4-02-0420.

800 N.E.2d 834 (2003)

344 Ill. App.3d 378

279 Ill.Dec. 546

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dennis E. PROBST, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided November 21, 2003.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender (Court-appointed), Jonathan P. Gulden, Assistant Defender, Elizabeth A. Botti, Assistant Defender (argued), Office of the State Appellate Defender, Chicago, for Dennis E. Probst.

Mary Kirbach, State's Attorney, Jerseyville, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director (Thomas R. Dodegge (argued), of counsel), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice McCULLOUGH delivered the opinion of the court:

On April 23, 2002, a jury convicted defendant, Dennis E. Probst, of unlawful delivery of cannabis (720 ILCS 550/5(d) (West 2002)). On May 20, 2002, the trial court sentenced him to five years' imprisonment. Defendant appeals, arguing (1) a per se conflict violated his right to counsel in that his attorney had previously represented the State's confidential informant in a criminal matter; (2) the trial court...

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