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PEOPLE v. DURGAN

No. 4-02-0907.

806 N.E.2d 1233 (2004)

346 Ill. App.3d 1121

282 Ill.Dec. 645

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Maurice DURGAN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided March 30, 2004.

Rehearing Denied April 27, 2004.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender (Court-appointed), Shawn O'Toole, Assistant Defender (argued), Office of the State Appellate Defender, Chicago, for Maurice Durgan.

Frank Young, State's Attorney, Danville, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

In August 2002, a jury convicted defendant, Maurice Durgan, of (1) one count of possession of a substance containing cocaine (720 ILCS 570/402(c) (West 2000)) and (2) one count of possession of more than 1 gram but not more than 15 grams of a substance containing cocaine with intent to deliver (720 ILCS 570/401(c)(2) (West 2000)). In October 2002, the trial court sentenced him to eight years in prison on the possession...

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