PEOPLE v. POWELL

No. 81-778.

107 Ill. App.3d 418 (1982)

437 N.E.2d 1258

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RICHARD L. POWELL, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed June 30, 1982.


Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Ronald Bell, Assistant Attorney General, of counsel), for the People.

Callum, Anderson and Deitsch, of Wheaton, for appellee.


Reversed and remanded.

PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

Richard L. Powell received supervision and was assessed a fine of $750 with costs upon entering a guilty plea to driving a vehicle while under the influence of intoxicating liquor. (Ill. Rev. Stat. 1979, ch. 95 1/2, par. 11-501.) In a subsequent implied consent hearing the trial court granted defendant's motion for a directed finding of no probable cause

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