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PEOPLE v. MOSER

No. 2-04-0477.

827 N.E.2d 1111 (2005)

356 Ill. App.3d 900

293 Ill.Dec. 230

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Paul MOSER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied May 20, 2005.

Attorney(s) appearing for the Case

Thomas C. Brandstrader, Chicago, for Paul Moser.

Louis A. Bianchi, McHenry County State's Attorney, Woodstock, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Lawrence M. Bauer, Deputy Director, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice GILLERAN JOHNSON delivered the opinion of the court:

Following a jury trial, the defendant, Paul Moser, was convicted of unlawful possession of, with the intent to deliver, between 400 and 900 grams of cocaine (720 ILCS 570/401(a)(2)(C) (West 2002)) and sentenced to 12 years' imprisonment. The defendant appeals, arguing that (1) the trial court erred in denying his motion to suppress; (2) he was not convicted beyond a reasonable doubt; and (3) the cumulative...

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