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PEOPLE v. McCLEARY

No. 4-03-0759.

819 N.E.2d 330 (2004)

353 Ill. App.3d 916

289 Ill.Dec. 173

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brian T. McCLEARY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided November 16, 2004.

Attorney(s) appearing for the Case

Ronald F. Tulin (argued), Christopher Wetzel, Ronald Tulin, Ltd., Charleston, for Brian T. McCleary.

C. Steve Ferguson, State's Attorney, Coles County, Charleston, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Thomas R. Ewick, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

In January 2002, the State charged defendant, Brian McCleary, with manufacturing a controlled substance (900 grams or more of any substance containing methamphetamine or any salt of an optical isomer of methamphetamine, or an analog thereof) (720 ILCS 570/401(a)(6.5)(D) (West 2000)), and possession of a controlled substance (900 grams of more of any substance containing methamphetamine or any salt of an optical...

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