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PEOPLE v. BALLARD

No. 4-02-0742.

805 N.E.2d 656 (2004)

346 Ill. App.3d 532

282 Ill.Dec. 37

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James BALLARD, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided February 23, 2004.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Robert N. Markfield, Assistant Defender (argued), Office of the State Appellate Defender, Springfield, for James Ballard.

Scott Rueter, State's Attorney, Decatur, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Denise M. Ambrose, Staff Attorney (argued), State's

Attorneys Appellate Prosecutor, Springfield, for the People.

Presiding Justice KNECHT delivered the opinion of the court:

After a March 2002 jury trial in the Macon County circuit court, defendant, James Ballard, was convicted of unlawful possession of a controlled substance (cocaine) with intent to deliver with a prior unlawful-possession-of-a-controlled-substance-with-intent-to-deliver conviction. 720 ILCS 570/401 (West 2000); 730 ILCS 5/5-5-3(c)(2)(D) (West 2000). In April 2002, the trial court sentenced him to 15 years...

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