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PEOPLE v. CARLTON

No. 56964.

98 Ill.2d 187 (1983)

455 N.E.2d 1385

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MARK J. CARLTON, Appellee.

Supreme Court of Illinois.

Opinion filed October 21, 1983.

Attorney(s) appearing for the Case

Neil F. Hartigan and Tyrone C. Fahner, Attorneys General, of Springfield, and J. Michael Fitzsimmons, State's Attorney, of Wheaton (Phyllis J. Perko and Marshall Stevens, of the State's Attorneys Appellate Service Commission, of Elgin, of counsel), for the People.

Frank Wesolowski, Jr., Public Defender, of Wheaton (Eugene A. Wojcik, Jr., Deputy Public Defender, of counsel), for appellee.

Vacated and remanded.

CHIEF JUSTICE RYAN delivered the opinion of the court:

Pursuant to Rule 604(a)(1) (87 Ill.2d R. 604(a)(1)), the State appealed from an order of the circuit court of Du Page County suppressing evidence seized by the police from the trunk of a car in which the defendant, Mark J. Carlton, was a passenger. However, the prosecutor failed to certify that suppression of the evidence substantially impaired...

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