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PEOPLE v. MILLER

No. 2-02-0855.

806 N.E.2d 759 (2004)

346 Ill. App.3d 972

282 Ill.Dec. 462

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Barry W. MILLER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 22, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul J. Glaser (Court-appointed), Elgin, for Barry W. Miller.

Michael P. Bald, Stephenson County State's Attorney, Freeport, Martin P. Moltz, Deputy Director, Barry W. Jacobs, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice GROMETER delivered the opinion of the court:

Following the denial of his motions to suppress evidence, defendant, Barry W. Miller, pleaded guilty in the circuit court of Stephenson County to one count of possession with intent to deliver 900 grams or more of a substance containing cocaine (720 ILCS 570/401(a)(2)(D) (West 1996)) (case No. 96-CF-37) and one count of possession with intent to deliver more than 500 grams of a substance containing cannabis (720...

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