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PEOPLE v. UPTON

No. 5-84-0632.

151 Ill. App.3d 1075 (1987)

503 N.E.2d 1102

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LORI E. UPTON, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed January 29, 1987.

Attorney(s) appearing for the Case

William G. Schwartz, of Hunter & Schwartz, and Robert S. White, law student, both of Carbondale, for appellant.

John R. Clemons, State's Attorney, of Murphysboro (Kenneth R. Boyle, Stephen E. Norris, and Vito A. Mastrangelo, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

This cause is before us on remand from the Illinois Supreme Court, reversing our earlier decision holding unconstitutional section 404 of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1983, ch. 56 1/2, par. 1404). The mandate of the supreme court directs us to consider assignments of error not addressed in our earlier disposition because of our disposition of the cause...

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