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PEOPLE v. GASTON

No. 61106.

31 Ill. App.3d 352 (1975)

334 N.E.2d 823

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HESKIE GASTON, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

August 8, 1975.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Gail A. Moreland and Richard D. Kharas, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, John T. Theis, and Robert Handelsman, Assistant State's Attorneys, of counsel), for the People.

Affirmed in part, sentence vacated and remanded.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

Defendant pleaded guilty to three counts of possession of a controlled substance and was placed on probation for 5 years. Two months later defendant was arrested and charged with possession of a controlled substance, battery and resisting arrest. Subsequently the State petitioned for a rule to show cause why the probation should not be terminated. After...

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