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PEOPLE v. URBAN

No. 3-89-0334.

196 Ill. App.3d 310 (1990)

553 N.E.2d 740

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. WALLY URBAN, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed March 27, 1990.

Attorney(s) appearing for the Case

Gordon L. Lustfeldt, State's Attorney, of Watseka (Elizabeth A. Klug, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Verlin R. Meinz, of State Appellate Defender's Office, of Ottawa, for appellee.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE HEIPLE delivered the opinion of the court:

A grand jury charged the defendant, Wally Urban, with unlawful possession of cannabis and with conspiracy to unlawfully deliver cannabis (hereinafter count II) (Ill. Rev. Stat. 1987, ch. 56 1/2, par. 704(d); Ill. Rev. Stat. 1987, ch. 38, par. 8-2(a)). The defendant filed a motion to dismiss count II and a motion to suppress his confession. The...

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