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PEOPLE v. AVERETT

No. 1-05-3495.

886 N.E.2d 1123 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Warren AVERETT, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

March 31, 2008.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney of Cook County, Chicago, IL (Assistant State's Attorneys James E. Fitzgerald, Alan J. Spellberg and Sarah L. Simpson, of counsel), for Appellee.

Office of the State Appellate Defender, Chicago, IL (Deputy Defender Michael J. Pelletier and Assistant Appellate Defendant Debra Loevy-Reyes, of counsel), for Appellant.

Presiding Justice QUINN delivered the opinion of the court:

Following a jury trial, defendant Warren Averett was found guilty of possession of a controlled substance with intent to deliver. Defendant was sentenced to eight years in prison and ordered to pay fines and fees, including a $2,000 controlled substance assessment (720 ILCS 570/411.2 (West 2004)). On appeal, defendant contends that: (1) he is entitled to a new trial where the State diminished its burden of...

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