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PEOPLE v. HARRE

No. 74317.

614 N.E.2d 1235 (1993)

155 Ill.2d 392

185 Ill.Dec. 550

The PEOPLE of the State of Illinois, Appellant, v. Charles HARRE, Appellee.

Supreme Court of Illinois.

May 20, 1993.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Don Sheafor, State's Atty., Vandalia (Rosalyn B. Kaplan, Sol. Gen., Terence M. Madsen and Martha E. Gillis, Asst. Attys. Gen., Chicago, and Norbert J. Goetten, Stephen E. Norris and Gerry R. Arnold, of the Office of the State's Attys. App. Pros., Mt. Vernon, of counsel), for the People.

Daniel M. Kirwan, Deputy Defender, and Larry R. Wells, Asst. Defender, of the Office of the State App. Defender, Mt. Vernon, for appellee.

Justice NICKELS delivered the opinion of the court:

After a jury trial, defendant, Charles Harre, was convicted of one count of armed violence (720 ILCS 5/33A—2 (West 1992)) based on the commission of the underlying felony of possession with intent to deliver 500 grams of a substance containing cannabis (720 ILCS 550/5(e) (West 1992)), to which defendant had pleaded guilty. The appellate court, with one justice dissenting, found that defendant was not armed...

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