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PEOPLE v. MILLER

No. 82-1902.

124 Ill. App.3d 620 (1984)

464 N.E.2d 1197

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES MILLER, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed June 5, 1984.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Marie Quinlivan, and Jeanette Sublett, Assistant State's Attorneys, of counsel), for the People.

Steven Clark, of State Appellate Defender's Office, and Steven J. Goldberg, of Winston & Strawn, both of Chicago, for appellee.

Reversed and remanded.

JUSTICE DOWNING delivered the opinion of the court:

Defendant, James Miller, was charged with knowingly and unlawfully possessing a controlled substance, cocaine (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1402(a)). His motion to suppress evidence was denied. Thereafter, defendant filed a motion for rehearing based upon a newly decided appellate court decision. A second trial judge sustained...

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