People v. Austin

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

The State appeals from an order of the circuit court of Cook County which dismissed defendant’s indictment for possession of a controlled substance with the intent to deliver (Ill. Rev. Stat. 1985, ch. 56½, par. 1401(c)). We reverse and remand for further proceedings.

Defendant was arrested on October 10, 1986, for his alleged possession of approximately 4V2 grams of cocaine. On December 8, 1986, the case was scheduled for preliminary hearing and at that time the State filed a motion to nol-pros the case due to the lack of a…