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PEOPLE v. SMITH

No. 5-86-0167.

162 Ill. App.3d 231 (1987)

514 N.E.2d 1158

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DONALD SMITH, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed September 18, 1987.

Attorney(s) appearing for the Case

John R. Clemons, State's Attorney, of Murphysboro (Kenneth R. Boyle and Stephen E. Norris, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Daniel M. Kirwan and Julia M. Gentile, both of State Appellate Defender's Office, of Mt. Vernon, for appellee.

Reversed and remanded.

JUSTICE WELCH delivered the opinion of the court:

The State appeals from the order of the circuit court of Jackson County which dismissed a charge of driving under the influence of alcohol (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501(a)(1)) against the defendant, Donald L. Smith.

Defendant filed a pretrial motion to quash defendant's arrest and suppress all evidence because...

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