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PEOPLE v. ELDER

No. 3-86-0580.

162 Ill. App.3d 417 (1987)

515 N.E.2d 413

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. BRUCE ELDER, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed October 30, 1987.

Attorney(s) appearing for the Case

Gary L. Spencer, State's Attorney, of Morrison (William L. Browers, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Verlin R. Meinz, of State Appellate Defender's Office, of Ottawa, for appellee.

Reversed and remanded.

PRESIDING JUSTICE BARRY delivered the opinion of the court:

The trial court denied the State's second motion to continue and its subsequent motion to dismiss the case with leave to refile, then ordered the State to proceed to trial of the defendant, Bruce A. Elder. The State presented no evidence and the court found the defendant not guilty. The State appeals.

On May 23, 1986, the defendant was charged with driving while his...

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