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PEOPLE v. MATULIS

No. 82-794.

117 Ill. App.3d 876 (1983)

454 N.E.2d 62

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. VINCAS MATULIS, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed September 8, 1983.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Linda S. Pieczynski and Barbara A. Preiner, Assistant State's Attorneys, of counsel), for the People.

Walter Bard Carroll, of Downers Grove, for appellee.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

The State appeals from a judgment of the circuit court dismissing an implied consent hearing, which had been requested by defendant, Vincas Matulis, on the grounds that the statement of the arresting officer required by section 11-501.1(d) of the Illinois Vehicle Code (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 11-501.1(d)) was not sworn to by the officer.

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