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PEOPLE v. TOLBERT

No. 117846.

49 N.E.3d 389 (2016)

401 Ill. Dec. 1

2016 IL 117846

The PEOPLE of the State of Illinois, Appellant, v. Joshua TOLBERT, Appellee.

Supreme Court of Illinois.

Rehearing denied March 28, 2016.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, of Springfield, and Anita Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , John E. Nowak , Samuel C. Ray , Michelle Katz , Veronica Calderon Malavia and Annette N. Collins , Assistant State's Attorneys, of counsel), for the People.

Michael J. Pelletier , State Appellate Defender, Alan D. Goldberg and Patricia Mysza , Deputy Defenders, and Robert N. Melching , Assistant Appellate Defender, of the Office of the State Appellate Defender, of Chicago, for appellee.

OPINION

¶ 1 A defendant who has been charged under Illinois's aggravated unlawful use of a weapon statute for possessing a handgun while under 21 years of age (720 ILCS 5/24-1.6(a)(1), (a)(3)(I) (West 2012)), will avoid criminal...

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