PEOPLE v. STEWART

No. 1-04-1885.

851 N.E.2d 162 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Phillip STEWART, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

May 15, 2006.


Attorney(s) appearing for the Case

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

Richard A. Devine, State's Attorney, Cook County, Chicago (James E. Fitzgerald, Marie Quinlivan Czech, Bridget K. O'Brien, Assistant State's Attorneys, of counsel), for Appellee.


Presiding Justice CAHILL delivered the opinion of the court:

Following a bench trial, defendant Phillip Stewart (also written as Steward) was convicted of possession with intent to deliver less than one gram of cocaine. See 720 ILCS 570/401(d) (West 2004). He was sentenced as a Class X offender (730 ILCS 5/5-5-3(c)(8) (West 2004)) to eight years in prison. He appeals, claiming: (1) he did not receive a fair sentencing hearing; (2) his right to confront witnesses against...

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