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PEOPLE v. CALLAWAY

No. 4-88-0622.

185 Ill. App.3d 136 (1989)

540 N.E.2d 1153

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOE CALLAWAY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied July 27, 1989.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Lawrence J. Essig, both of State Appellate Defender's Office, of Springfield, for appellant.

Scott H. Walden, State's Attorney, of Quincy (Kenneth R. Boyle, Robert J. Biderman, and James Overholt, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Affirmed in part and vacated in part.

JUSTICE LUND delivered the opinion of the court:

Following a jury trial, defendant was convicted of nine counts of narcotics-related offenses. Seven counts involved the unlawful delivery of small amounts of cocaine. Because defendant's illegal activities overlapped a change in the statute pertaining to unlawful delivery of cocaine, five counts were in violation of section 401(c) of the Illinois Controlled Substances Act...

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