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PEOPLE v. PAYNE

No. 2-07-0065.

912 N.E.2d 301 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Maurice L. PAYNE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

July 6, 2009.

Attorney(s) appearing for the Case

John A. Barsanti, Kane County State's Atty., St. Charles, IL, Lawrence M. Bauer, Deputy Director State's Atty. Appellate Prosecutor, Elgin, IL, Alexander Vroustouris, Chicago, IL, for Appellant.

Thomas A. Lilien, Deputy Defender, Office of State Appellate Defender, Jack Hildebrand, Office of State Appellate Defender, Elgin, IL, for Appellee.

Justice BOWMAN delivered the opinion of the court:

Defendant, Maurice L. Payne, was charged with one count of unlawful possession of a controlled substance with the intent to deliver within 1,000 feet of a park, in violation of section 407(b)(1) of the Criminal Code of 1961 (Code) (720 ILCS 570/407(b)(1) (West 2006)), one count of unlawful possession of a controlled substance with the intent to deliver, in violation of section 401(c) of the Code (720 ILCS 570/401...

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