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PEOPLE v. MOORE

No. 1-05-0948.

847 N.E.2d 829 (2006)

365 Ill. App.3d 53

301 Ill.Dec. 819

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Timothy MOORE, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

March 31, 2006.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Darrel F. Oman, Assistant Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, Cook County, James E. Fitzgerald, Mary L. Boland, Laura M. Boedeker, Assistant State's Attorneys, Chicago, for Appellee.

Justice HALL delivered the opinion of the court:

The defendant, Timothy Moore, and the codefendant, Joseph Caldwell, were indicted and charged with the offenses of possession of a controlled substance with intent to deliver (720 ILCS 570/401(c)(2) (West 2002)) and possession of a controlled substance with intent to deliver within 1,000 feet of a park (720 ILCS 570/401(c)(2), 407(b)(1) (West 2002)). Following a joint bench trial, both the defendant and Mr. Caldwell...

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