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PEOPLE v. CARLTON

No. 81-0591.

133 Ill. App.3d 1061 (1985)

479 N.E.2d 1178

THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellant, v. MARK J. CARLTON, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed June 14, 1985.

Attorney(s) appearing for the Case

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

Frank Wesolowski, Jr., Public Defender, of Wheaton, for appellee.

Reversed and remanded.

JUSTICE SCHNAKE delivered the opinion of the court:

The defendant, Mark Carlton, was charged by information with the theft of three cases of Chivas Regal Scotch whiskey, valued at over $150. The defendant filed a motion to suppress as evidence the three cases of Chivas Regal which were obtained during a warrantless search of the trunk of the car in which he was riding. The circuit court of Du Page County granted the defendant's motion...

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