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PEOPLE v. BLAN

No. 2-07-0167.

913 N.E.2d 23 (2009)

392 Ill. App.3d 453

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony K. BLAN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 9, 2009.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, Linda A. Johnson, Office of State Appellate Defender, Elgin, IL, for Appellant.

Philip J. Nicolosi, Winnebago County State's Atty., Rockford, IL, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Richard S. London, State's Attorneys Appellate Prosecutor, Elgin, IL, for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Anthony Blan, appeals from his conviction of possession of 30 to 500 grams of cannabis with intent to deliver (720 ILCS 550/5(d) (West 2002)). On appeal, he argues that the State failed to prove his intent to deliver beyond a reasonable doubt and that the trial court committed reversible error by failing to instruct the jury on the lesser offense of possession (without intent to deliver). For the reasons...

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