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PEOPLE v. SANTA

No. 60807.

36 Ill. App.3d 289 (1976)

343 N.E.2d 512

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ERASMO SANTA, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed February 24, 1976.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., Dennis J. O'Hara, and John T. Theis, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Ronald P. Alwin and Gail A. Moreland, Assistant Public Defenders, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE HAYES delivered the opinion of the court:

Erasmo Santa (hereinafter defendant) was indicted on 26 November 1973 for the offense of unlawful delivery of a controlled substance (namely, heroin) in violation of section 401 of the Controlled Substances Act (Ill. Rev. Stat. 1971, ch. 56 1/2, par. 1401(b)). On 6 December 1973, defendant was arraigned; he pled not guilty and the cause was transferred to a trial judge for trial on...

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