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PEOPLE v. GARTH

No. 1-02-3772.

817 N.E.2d 1085 (2004)

353 Ill. App.3d 108

288 Ill.Dec. 435

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth GARTH, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied November 9, 2004.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney of Cook County, Chicago (Assistant State's Attorneys Renee Goldfarb, Christine Cook and Lorraine M. Lynott, of counsel), for Appellee.

Office of the State Appellate Defender, Chicago (Deputy Defender Michael J. Pelletier and Assistant Appellate Defender Samuel Algozin, of counsel), for Appellant.

Justice QUINN delivered the opinion of the court:

Following a bench trial, defendant Kenneth Garth was convicted of criminal drug conspiracy and sentenced to 12 years in prison. On appeal, defendant argues (1) that the State failed to prove him guilty beyond a reasonable doubt where it failed to establish a sufficient chain of custody showing that the items defendant sold to an undercover agent were the same items the forensic chemist determined to be cocaine; (2...

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