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PEOPLE v. CLARK

No. 2-09-0102.

940 N.E.2d 755 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jerry N. CLARK, a/k/a Jerry Clarke, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 16, 2010.

Attorney(s) appearing for the Case

Gary R. Peterson , Deputy Defender, Ryan R. Wilson (Court-appointed), Office of the State Appellate Defender, Springfield, for Jerry N. Clark.

Joseph P. Bruscato , Winnebago County State's Attorney, Rockford, Stephen E. Norris , Deputy Director, Sharon Shanahan , State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People.

Presiding Justice JORGENSEN delivered the opinion of the court:

Following a bench trial, the court found defendant, Jerry N. Clark, guilty of possession with intent to deliver between 1 and 15 grams of heroin (720 ILCS 570/401(c)(1) (West 2006)) within 1,000 feet of a public park (720 ILCS 570/407(b)(1) (West 2006)), a Class X felony. The trial court initially sentenced Clark to a 40-year, extended-term sentence but, following a motion-to-reconsider hearing, reduced...

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