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PEOPLE v. GALLAHER

No. 4-02-0589.

811 N.E.2d 242 (2004)

348 Ill.App.3d 1023

285 Ill.Dec. 1

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Karl A. GALLAHER, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

June 4, 2004.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Gary R. Peterson, Assistant Defender, Office of the State Appellate Defender, Springfield, for Karl A. Gallaher.

John P. Schmidt, State's Attorney, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

In February 2002, the State charged defendant, Karl A. Gallaher, with possession of a methamphetamine-manufacturing chemical — namely, anhydrous ammonia (count I) (720 ILCS 570/401(d-5) (West 2002)) and unlawful transportation of anhydrous ammonia (count II) (720 ILCS 5/21-1.5(b-5) (West 2002)). In March 2002, defendant moved to dismiss, alleging that (1) count...

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