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PEOPLE v. 1996 HONDA ACCORD

No. 2-09-0275.

935 N.E.2d 1156 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. 1996 HONDA ACCORD, VIN 1HGCE6671TA029089, and Three Thousand, Seven Hundred Forty-Nine Dollars ($3,749.00) United States Currency, Defendants (Ryan Foley and Gladys Foley, Claimants-Appellees).

Appellate Court of Illinois, Second District.

September 16, 2010.

Attorney(s) appearing for the Case

Louis A. Bianchi, McHenry County State's Attorney, Woodstock, Lawrence M. Bauer, Deputy Director, Mary Beth Burns, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Henry H. Sugden III, Keith D. Sloan, Madsen, Sugden & Gottemoller, Crystal Lake, for 1996 Honda Accord, Gladys Foley, Ryan Foley.

Justice McLAREN delivered the opinion of the court:

The State filed a complaint for forfeiture of a 1996 Honda Accord and $3,749 in cash. Ryan Foley and Gladys Foley contested the forfeiture. Citing Smith v. City of Chicago, 524 F.3d 834 (7th Cir.2008), the trial court held that the Drug Asset Forfeiture Procedure Act (725 ILCS 150/1 et seq. (West 2008)) and the forfeiture provisions of the Cannabis Control Act...

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