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PEOPLE v. OLIVER

No. 2-05-0216.

859 N.E.2d 38 (2006)

307 Ill.Dec. 38

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Nikkolas W. OLIVER, Defendant-Appellee.

Appellate Court of Illinois, Second District.

November 7, 2006.

Attorney(s) appearing for the Case

Martin P. Moltz, Deputy Director, Gregory L. Slovacek, States Attorneys Appellate Prosecutor, Elgin, for the People.

Thomas A. Lilien, Deputy, and Bruce Kirkham (Court-appointed), Office of the State Appellate Defender, Elgin, for Nikkolas W. Oliver.

Justice HUTCHINSON delivered the opinion of the court:

Defendant, Nikkolas W. Oliver, was indicted on two counts of unlawful possession of a controlled substance with the intent to deliver (720 ILCS 570/401(c)(2) (West 2004)) (counts I and III) and one count of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2004)) (count II). He moved to dismiss all three counts of the indictment, contending that the sole witness to testify before the grand...

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