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PEOPLE v. KENNEY

No. 75-464.

39 Ill. App.3d 941 (1976)

351 N.E.2d 574

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS J. KENNEY, Defendant-Appellee.

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

Opinion filed July 15, 1976.

Attorney(s) appearing for the Case

Peter J. Woods, State's Attorney, of Oregon (Edward N. Morris, of Illinois State's Attorneys Association, of counsel), for the People.

No appearance for appellee.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The State appeals from an order which dismissed a renewed charge of reckless driving brought against defendant under a Uniform Traffic Complaint (Ill. Rev. Stat. 1973, ch. 95 1/2, par. 11-503) after a prior dismissal for want of prosecution. The State contends that the trial court did not have authority to dismiss the original complaint because the

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