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PEOPLE v. HENSLEY

No. 4-03-0651.

819 N.E.2d 1274 (2004)

354 Ill. App.3d 224

289 Ill.Dec. 474

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard R. HENSLEY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

December 10, 2004.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Arden J. Lang, Assistant Defender, Office of the State Appellate Defender, Springfield, for Richard Hensley.

Thomas J. Brown, State's Attorney, Pontiac, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Jason P. Young, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice STEIGMANN delivered the opinion of the court:

In January 2002, the State charged defendant, Richard R. Hensley, with (1) delivery of a controlled substance (5 grams or more but less than 15 grams of a substance containing methamphetamine) (720 ILCS 570/401(c)(6.5) (West 2000)) (count I), (2) delivery of a controlled substance (less than 5 grams of a substance containing methamphetamine) (720 ILCS 570/401(d)(iii) (West 2000)) (count II), and (3) calculated...

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