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PEOPLE v. ROBERTS

No. 4-02-0613.

813 N.E.2d 748 (2004)

349 Ill. App.3d 972

286 Ill.Dec. 272

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lucas T. ROBERTS, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

As Modified Upon Denial of Rehearing August 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 Lucas T. Roberts.

Jerry J. Hooker, State's Attorney, Mt. Sterling, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Charles F. Mansfield, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

MODIFIED UPON DENIAL OF REHEARING

Justice MYERSCOUGH delivered the opinion of the court:

Following a stipulated bench trial in May 2002, the trial court found defendant, Lucas T. Roberts, guilty of unlawful possession of cannabis with intent to deliver. 720 ILCS 550/5(c) (West 2000). The trial court sentenced defendant to 24 months' probation. Defendant appeals the trial court's denial of his motion to suppress, arguing the deputy exceeded the scope of his...

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