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PEOPLE EX REL. FAHEY v. ONE 1976 MONTE CARLO

No. 15550.

81 Ill. App.3d 735 (1980)

402 N.E.2d 396

THE PEOPLE ex rel. THOMAS J. FAHEY, Plaintiff-Appellee, v. ONE 1976 MONTE CARLO, SERIAL #1H57V6B463328, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed March 18, 1980.

Attorney(s) appearing for the Case

Randy Coats, of Chicago, pro se, and McClory, Kirk & Wolgamot, of Danville (John R. McClory, of counsel), for appellant.

Thomas J. Fahey, State's Attorney, of Danville (Thomas R. Lamont and Donald H. Hays, both of State's Attorneys Appellate Service Commission, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

On March 16, 1979, following a bench trial, the circuit court of Vermilion County entered an order declaring that the automobile of respondent Randy Coats be forfeited pursuant to section 36-1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1977, ch. 38, par. 36-1). The court found that in violation of that provision the car was used, with Coats'

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