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PEOPLE v. ELLERBUSCH

No. 4-83-0196.

118 Ill. App.3d 500 (1983)

454 N.E.2d 1166

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. STEVEN P. ELLERBUSCH, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed October 4, 1983.

Attorney(s) appearing for the Case

David L. Bartholomew, State's Attorney, of Tuscola (Robert J. Biderman and Thomas W. Lacy, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Raymond Lee, Jr., and James D. Lee, both of Lee & Lee, Ltd., of Tuscola, for appellee.

Reversed and remanded.

PRESIDING JUSTICE WEBBER delivered the opinion of the court:

The State appeals from an order of the circuit court of Douglas County which found in favor of the defendant at the close of the People's evidence in an implied consent hearing under section 11-501.1 of the Illinois Vehicle Code (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 11-501.1). The basis of the trial court's order was that the arrest of the defendant was not "evidenced by...

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