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PEOPLE v. COPELAND

Nos. 79-1622, 79-1785, 80-311 cons.

92 Ill. App.3d 475 (1980)

415 N.E.2d 1173

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. TODD COPELAND et al., Defendants-Appellees. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES GATES, Defendant-Appellee. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. EUGENE SINGLETON, Defendant-Appellee.

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

Opinion filed December 30, 1980.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and Richard F. Burke, Assistant State's Attorneys, of counsel), for the People in Nos. 79-1622, 79-1785.

Richard M. Daley, State's Attorney, of Chicago (Marcia B. Orr and Richard F. Burke, Assistant State's Attorneys, of counsel), for the People in No. 80-311.

Joseph A. Ettinger and Rick M. Schoenfield, both of Joseph A. Ettinger & Associates, Ltd., and Bernard Brody, all of Chicago, for appellee Eugene Singleton.

Affirmed in part, and reversed and remanded in part.

Mr. PRESIDING JUSTICE PERLIN delivered the opinion of the court:

Defendants Copeland, Harris, Henderson, Betts, Evans and Gates were charged by informations with the possession on November 1, 1977, of diazepam (valium), a schedule IV controlled substance, in violation of section 402(b) of the Illinois Controlled Substances Act (hereinafter referred to as the Act) (Ill. Rev. Stat. 1975, ch. 56 1/2, par. 1402...

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