People v. Pinkonsly
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 94644 Rel
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Docket No. 94644-Agenda 5-May 2003. THE PEOPLE OF THE STATE OF ILLINOIS, Appellant and Cross- Appellee, v. ROBERT PINKONSLY, Appellee and Cross-Appellant. Opinion filed November 20, 2003.
JUSTICE FITZGERALD delivered the opinion of the court: The State and the defendant, Robert Pinkonsly, both appeal adecision of the appellate court affirming in part and vacating in part aMcHenry County circuit court order dismissing the defendant'samended petition under section 2-1401 of the Code of CivilProcedure (735 ILCS 5/2-1401 (West 2002)). Because the appellatecourt erred in vacating the defendant's unlawful delivery of acontrolled substance convictions and sentences and in not vacating theextended-term sentence on his narcotics racketeering conviction, wereverse. BACKGROUND On December 4, 1989, the defendant sold 27.2 grams of cocaineto an undercover police officer. Again, on December 6, 1989, thedefendant sold 53.3 grams of cocaine to the officer. Finally, onDecember 12, 1989, the defendant sold 124.1 grams of cocaine to theofficer. The defendant was arrested during this last sale. He was laterindicted on one count of delivery of between 15 and 100 grams of acontrolled substance (see Ill. Rev. Stat. 1989, ch. 56 |