PEOPLE v. EPPERLEY

No. 75-146.

33 Ill. App.3d 886 (1975)

338 N.E.2d 581

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. PETER B. EPPERLEY, Defendant-Appellee.

Appellate Court of Illinois — Second District (1st Division).

December 11, 1975.


Attorney(s) appearing for the Case

Gerry L. Dondanville, State's Attorney, of Geneva (Thomas E. Hogan, Assistant State's Attorney, of counsel), for the People.

No brief filed for appellee.


Reversed and remanded.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The State appeals from the order granting defendant's motion to suppress evidence. It contends that the record shows that the cannabis which was the subject of the motion to suppress was in plain view of the officer who had stopped the defendant because of his erratic driving. The defendant has not filed a brief or otherwise appeared. However, we exercise our discretion...

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