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PEOPLE v. VOLTAIRE

No. 2-09-0925.

941 N.E.2d 270 (2010)

The PEOPLE of The State of Illinois, Plaintiff-Appellant, v. Carl VOLTAIRE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

December 20, 2010.

Attorney(s) appearing for the Case

John A. Barsanti, Joseph H. McMahon, Kane County State's Attorney, St. Charles, Robert J. Biderman, Anastacia R. Brooks, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Sam L. Amirante, Sam L. Amirante & Associates, P.C., Palatine, for Carl Voltaire.

Justice BURKE delivered the opinion of the court:

An indictment charged defendant, Carl Voltaire, with unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(A) (West 2006)) and unlawful possession of a controlled substance (720 ILCS 570/402(a)(2)(A) (West 2006)). Sometime during the lengthy pretrial delays, the parties learned that the substance in question had been destroyed. Defendant moved to dismiss the charges, arguing that the destruction of the...

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