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PEOPLE v. GUTIERREZ

No. 60827.

109 Ill.2d 59 (1985)

485 N.E.2d 845

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. FRANK GUTIERREZ, Appellee.

Supreme Court of Illinois.

Rehearing denied December 2, 1985.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Mark L. Rotert, Assistant Attorney General, of Chicago, and Michael E. Shabat, Joan S. Cherry and Inge Fryklund, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Jeffrey M. Howard, Assistant Public Defender, of counsel), for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE WARD delivered the opinion of the court:

The circuit court of Cook County denied the motion of the defendant, Frank Gutierrez, to quash his arrest and to suppress as evidence a quantity of heroin taken from him during the execution of a warrant authorizing the search of his residence and the search of an "unknown female Latin" residing there. At a bench trial which followed, the defendant was found...

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