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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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