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PEOPLE v. MATTIS

No. 2-05-0586.

854 N.E.2d 1149 (2006)

305 Ill.Dec. 239

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Victor A. MATTIS, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 23, 2006.

Attorney(s) appearing for the Case

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Thomas A. Lilien, Deputy Defender and Barbara R. Paschen (Court-appointed), Office of the State Appellate Defender, Elgin, for Victor A. Mattis.

Justice KAPALA delivered the opinion of the court:

A Lake County grand jury indicted defendant, Victor A. Mattis, for possession of cannabis with the intent to deliver (720 ILCS 550/5(d) (West 2004)) and possession of cannabis (720 ILCS 550/4(d) (West 2004)). The trial court dismissed the indictment on the ground that the prosecutor presented misleading evidence to the grand jury. The State appeals, arguing that the prosecutor's conduct did not warrant the harsh sanction...

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