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PEOPLE v. COFER

No. 3-84-0706.

135 Ill. App.3d 283 (1985)

481 N.E.2d 351

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. GARY C. COFER, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed July 26, 1985.

Attorney(s) appearing for the Case

Bruce W. Black, State's Attorney, of Pekin (John X. Breslin and Gary F. Gnidovec, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

No brief filed for appellee.

Reversed and remanded.

JUSTICE SCOTT delivered the opinion of the court:

Following an implied consent hearing, the trial court ruled that the defendant, Gary C. Cofer, did not refuse to complete the requested chemical test. The State appeals that portion of the court's order, arguing the court misinterpreted and incorrectly applied the implied consent statute (hereinafter the statute) (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501.1), to the instant circumstances...

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