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PEOPLE v. GUNSAULLUS

No. 78-89.

72 Ill. App.3d 440 (1979)

391 N.E.2d 142

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DANIEL A. GUNSAULLUS, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed June 5, 1979.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Michael J. Lightfoot and John A. Wasilewski, Assistant State's Attorneys, of counsel), for the People.

Frank Wesolowski, Jr., Public Defender, of Wheaton, and Mary Robinson and Paul Glaser, both of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

The defendant was charged with possession of cannabis (more than 30 but less than 500 grams). The trial court granted the defendant's suppression motion and the State appeals.

The only witnesses at the suppression hearing were the defendant and the arresting officer. The defendant testified that at approximately 9:15 in the evening on May 10, 1977, he and three companions...

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