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PEOPLE v. DANIELS

No. 2-95-1190.

670 N.E.2d 1223 (1996)

283 Ill. App.3d 958

219 Ill.Dec. 335

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joe C. DANIELS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

September 25, 1996.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Steven E. Wiltgen, Office of the State Appellate Defenders, Elgin, for Joe Daniels.

Anthony M. Peccarelli, Du Page County State's Attorney, Wheaton, William L. Browers, Deputy Director, State's Attorneys Appellate Prosecutor, David A. Bernhard, State's Attorneys Appellate Prosecutors, Elgin, for People of the State of Illinois.

Justice COLWELL delivered the opinion of the court:

In March 1995, defendant, Joe C. Daniels, was indicted with one count of unlawful delivery of more than 15 grams but less than 100 grams of a controlled substance (cocaine) (720 ILCS 570/401(a)(2)(A) (West 1992)), and two counts of unlawful delivery of more than 1 gram but less than 15 grams of a controlled substance (cocaine) (720 ILCS 570/401(c)(2) (West 1992)). Defendant moved to dismiss the criminal prosecution...

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