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PEOPLE v. CLARK

No. 55591.

92 Ill.2d 96 (1982)

440 N.E.2d 869

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CHARLES E. CLARK, Appellee.

Supreme Court of Illinois.

Opinion filed September 17, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and L. Patrick Power, State's Attorney, of Kankakee (Michael B. Weinstein, Michael V. Accettura, and Melbourne A. Noel, Jr., Assistant Attorneys General, of Springfield, and John X. Breslin, Deputy Director of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli and Thomas A. Lilien, of the Office of the State Appellate Defender, of Ottawa, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE GOLDENHERSH delivered the opinion of the court:

In a stipulated bench trial in the circuit court of Kankakee County, defendant, Charles E. Clark, was convicted of the offense of possession of cannabis (Ill. Rev. Stat. 1979, ch. 56 1/2 par. 704(d)). He was fined $300 and sentenced to 18 months' probation. The appellate court reversed the judgment and remanded for a new trial (98...

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