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PEOPLE v. KELLY

No. 4-03-0775.

838 N.E.2d 236 (2005)

361 Ill. App.3d 515

297 Ill.Dec. 749

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Samuel KELLY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

October 31, 2005.

Attorney(s) appearing for the Case

Daniel D. Yuhas (Court-appointed), Nancy L. Vincent, Assistant Defender, Office of State Appellate Defender, Springfield, for Samuel Kelly.

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

Justice APPLETON delivered the opinion of the court:

In June 2003, at a trial in absentia, a jury convicted defendant, Samuel Kelly, of unlawful possession of cannabis (more than 30, but less than 500, grams), a Class 4 felony (720 ILCS 550/4(d) (West 2002)). The trial court later sentenced him, again in absentia, to five years in prison. Upon defendant's motion, the court found defendant was entitled to a new sentencing hearing because he was in custody...

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