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PEOPLE v. CREAL

No. 3-08-0606.

910 N.E.2d 118 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Donnie CREAL, Defendant-Appellee.

Appellate Court of Illinois, Third District.

May 19, 2009.

Attorney(s) appearing for the Case

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, Ottawa, IL, James Glasgow, State's Atty., Domenica A. Osterberger, Assistant State's Atty., Joliet, IL, for Appellant.

Charles E. Thomas, Joliet, IL, for Appellee.

Justice CARTER delivered the opinion of the court:

The defendant, Donnie Creal, was arrested for unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(C) (West 2006)) and unlawful possession of cannabis with intent to deliver (720 ILCS 550/5(e) (West 2006)). Prior to trial, he filed a motion pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), challenging the...

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