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PEOPLE v. DURBIN

No. 84-0954.

138 Ill. App.3d 895 (1985)

486 N.E.2d 970

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ROBERT L. DURBIN, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed December 10, 1985.

Attorney(s) appearing for the Case

James E. Ryan, State's Attorney, of Wheaton (Barbara A. Preiner and Judith M. Pietrucha, Assistant State's Attorneys, and Phyllis J. Perko, of State's Attorneys Appellate Service Commission, of counsel), for the People.

John F. Donahue, of Oak Brook, for appellee.

Reversed and remanded.

PRESIDING JUSTICE NASH delivered the opinion of the court:

The State appeals from an order of the trial court which suppressed evidence of the results of a blood test taken at the request of defendant, Robert L. Durbin, at a hospital laboratory which was not certified for such chemical analysis by the Illinois Department of Public Health.

An indictment was returned on May 17, 1984, charging defendant with aggravated battery ...

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