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PEOPLE v. SMITH

No. 2-92-0008.

630 N.E.2d 147 (1994)

258 Ill. App.3d 261

196 Ill.Dec. 450

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Fred SMITH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

February 23, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Anne S. Quincy, Elgin, for Fred Smith.

Paul A. Logli, Winnebago County State's Atty., William L. Browers, Deputy Director, John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutors, Ottawa, Cheryl C. Zeleznak, Oak Forest, for the People.

Justice BOWMAN delivered the opinion of the court:

Following a bench trial, defendant, Fred Smith, was convicted of armed violence (Ill. Rev.Stat.1989, ch. 38, par. 33A-2 (now 720 ILCS 5/33A-2 (West 1992))), unlawful possession of a controlled substance with intent to deliver (Ill.Rev.Stat.1989, ch. 56½, par. 1401(b)(2) (now 720 ILCS 570/401(b)(2) (West 1992))), and unlawful possession of cannabis with intent to deliver (Ill.Rev.Stat.1989, ch. 56½ par. 705...

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