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PEOPLE v. BLYTHE

No. 4-86-0388.

153 Ill. App.3d 292 (1987)

505 N.E.2d 402

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff and Respondent-Appellant, v. CHARLES L. BLYTHE, Defendant and Petitioner-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed March 11, 1987.

Attorney(s) appearing for the Case

John B. Leonard, State's Attorney, of Mt. Sterling (Kenneth R. Boyle, Robert J. Biderman, and David E. Mannchen, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Robert E. Utter, of Mt. Sterling, for appellee.

Reversed and remanded.

JUSTICE McCULLOUGH delivered the opinion of the court:

On January 23, 1986, the defendant was charged by citation complaint with driving under the influence of alcohol. Subsequently, a sworn report and notice of summary suspension were filed on March 5, 1986. The defendant filed a petition to rescind the suspension on March 17, 1986, and on May 27, 1986, the trial court found that the State had the burden of proceeding and the burden...

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