PEOPLE v. FAVELA

No. 60378.

31 Ill. App.3d 453 (1975)

333 N.E.2d 284

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RAFAEL FAVELA, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

August 5, 1975.


Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and Michael J. Polelle, Assistant State's Attorneys, of counsel), for the People.

No appearance or brief filed for appellee.


Reversed and remanded.

Mr. JUSTICE STAMOS delivered the opinion of the court:

Defendant, Rafael Favela, was charged by complaint with the offense of possessing a controlled substance (heroin). (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 1402.) However, prior to trial, the circuit court of Cook County granted defendant's motion to suppress the evidence. The State now appeals that order. Ill. Rev. Stat. 1973, ch. 110A, par. 604(a)(1).

Initially, it should...

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