People v. Probst

On April 23, 2002, a jury convicted defendant, Dennis E. Probst, of unlawful delivery of cannabis (720 ILCS 550/5(d) (West 2002)). On May 20, 2002, the trial court sentenced him to five years’ imprisonment. Defendant appeals, arguing (1) a per se conflict violated his right to counsel in that his attorney had previously represented the State’s confidential informant in a criminal matter; (2) the trial court committed reversible error by refusing to properly instruct the jury on his theory of the case; and (3) defense counsel failed to object to admission of a lab report and accompanying…