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PEOPLE v. GOROSTEATA

No. 1-04-2469.

863 N.E.2d 709 (2007)

309 Ill.Dec. 77

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jorge GOROSTEATA, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

February 9, 2007.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Christopher M. Smith, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Jon J. Walters, Ramon A. Moore, Assistant State's Attorneys, Cook County State's Attorney's Office, Chicago, for Appellee.

Justice JOSEPH GORDON delivered the opinion of the court:

Defendant, Jorge Gorosteata, appeals after a jury trial from his convictions of possession of cannabis with intent to deliver and possession of a controlled substance with intent to deliver. On appeal, he contends that the circuit court erred when it denied his motion for a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978); permitted...

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