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PEOPLE v. McCOY

No. 84-0615.

135 Ill. App.3d 1059 (1985)

482 N.E.2d 200

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ROY L. McCOY, Sr., Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed August 15, 1985.

Attorney(s) appearing for the Case

T. Jordan Gallagher, State's Attorney, of Sycamore (John X. Breslin and Raymond L. Beck, both of State's Attorneys Appellate Service Commission, of Ottawa, and Phyllis J. Perko, of State's Attorneys Appellate Service Commission, of Elgin, of counsel), for the People.

Robert E. Haeger, of Dundee, and Willard B. Widerberg, of Elgin, for appellee.

Reversed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

Defendant, Roy L. McCoy, Sr., was charged with two counts of theft in excess of $300 (Ill. Rev. Stat. 1983, ch. 38, pars. 16-1(a)(1) and 16-1(d)(1)). Defendant filed a motion to quash the search warrant, which the trial court granted, and the State appeals pursuant to Supreme Court Rule 604(a)(1) (87 Ill.2d R. 604(a)(1)).

The State seeks reversal contending that under the totality...

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