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PEOPLE v. ONE 1978 MAZDA

No. 82-210.

115 Ill. App.3d 187 (1983)

450 N.E.2d 339

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ONE 1978 MAZDA GLC HATCHBACK AUTOMOBILE, SERIAL NO. FA4TS700177, LICENSE NO. IL 1981, JW 7362, et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed April 19, 1983.

Attorney(s) appearing for the Case

Randy Patchett, State's Attorney, of Marion (Stephen E. Norris and Raymond F. Buckley, Jr., both of State's Attorneys Appellate Service Commission, of counsel), for the People.

James B. Bleyer, of Marion, for appellee.

Judgment reversed.

JUSTICE KARNS delivered the opinion of the court:

The State brought this action for the forfeiture of an automobile pursuant to article 36 of the Criminal Code, Seizure and Forfeiture of Vessels, Vehicles and Aircraft (Ill. Rev. Stat. 1981, ch. 38, par. 36-1). The circuit court for Williamson County denied the State's forfeiture petition, finding that the car was owned by a person not a party to the litigation.

On December 16, 1981...

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