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PEOPLE v. SMITH

No. 98014.

827 N.E.2d 444 (2005)

214 Ill.2d 338

292 Ill.Dec. 915

The PEOPLE of the State of Illinois, Appellee, v. Travis SMITH, Appellant.

Supreme Court of Illinois.

March 24, 2005.

Attorney(s) appearing for the Case

Chelsey Robinson, Maria R. Owens, of Owens & Robinson, Chicago, for appellant.

Lisa Madigan, Attorney General, Springfield, Joseph E. Birkett, State's Attorney, Wheaton (Gary Feinerman, Solicitor General, Linda D. Woloshin, Assata N. Peterson, Assistant Attorneys General, Chicago, of counsel), for the People.

Justice GARMAN delivered the opinion of the court:

Defendant, Travis Smith, was charged by indictment with aggravated unlawful use of a weapon (720 ILCS 5/24-1.6(a)(1), (a)(3)(C) (West 2000)) after a police officer seized a handgun from his sleeve during a pat-down search. The circuit court of Du Page County allowed defendant's motion to quash his arrest and suppress the handgun from evidence. The State appealed, and the appellate court reversed and remanded.

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