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PEOPLE v. HOWARD

No. 2-06-1212.

902 N.E.2d 720 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frank J. HOWARD, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 26, 2009.

Attorney(s) appearing for the Case

Patricia Unsinn, Deputy Defender Office of State Appellate Defender, Stephen L. Gentry, Office of State Appellate defender, Chicago, IL, for Appellant.

John H. Vogt, Stephenson County State's Atty., Freeport, IL, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Elgin, IL, Megan Healy McClung, Chicago, IL, for Appellee.

Justice BURKE delivered the opinion of the court:

Defendant, Frank J. Howard, appeals his conviction of delivery of more than 15 but less than 100 grams of a substance containing cocaine. 720 ILCS 570/401(a)(2)(A) (West 2006). He asserts that the State did not show an adequate chain of custody for the cocaine and that the evidence was thus inadequate to convict him. We agree that the chain of custody was insufficient, so that the admission of the associated evidence...

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