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PEOPLE v. CULBERTSON

No. 2-92-0565.

630 N.E.2d 489 (1994)

258 Ill. App.3d 294

196 Ill.Dec. 554

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Donald F. CULBERTSON, Defendant-Appellee.

Appellate Court of Illinois, Second District.

March 8, 1994.

Attorney(s) appearing for the Case

James E. Ryan, DuPage County State's Atty., Barbara A. Preiner, Supervisor of Appeals, DuPage Co. State Attys. Office, Wheaton, William L. Browers, Deputy Director, David A. Bernhard, State's Attys. Appellate Prosecutor, Elgin, for the People.

Gregory J. Ellis, Oak Brook, for Donald F. Culbertson.

Justice McLAREN delivered the opinion of the court:

The State appeals from an order granting a petition filed by the defendant, Donald F. Culbertson, to rescind the statutory summary suspension of his driver's license. (Ill. Rev.Stat.1991, ch. 95½, par. 11-501.1(a) (now 625 ILCS 5/11-501.1(a) (West 1992)).) The sole issue on appeal is whether the court erred by holding that the parking lot in question was not a public...

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