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PEOPLE v. FOSTER

No. 1-03-1289.

821 N.E.2d 733 (2004)

354 Ill. App.3d 564

290 Ill.Dec. 421

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Terrence FOSTER, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied January 28, 2005.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Elizabeth A. Botti, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Janet Powers Doyle, and Sally L. Dilgart, Assistant State's Attorneys, of counsel), for Appellee.

Presiding Justice CAHILL delivered the opinion of the court:

Defendant was convicted in a bench trial of unlawful delivery of a controlled substance within 1,000 feet of a church and sentenced to six years in prison. On appeal, defendant argues: (1) he was not proven guilty beyond a reasonable doubt because the State did not offer evidence that the New Hope Church was a place used primarily for religious worship; (2) the...

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