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PEOPLE v. O'TOOLE

No. 2-86-0904.

164 Ill. App.3d 23 (1987)

517 N.E.2d 333

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ROBERT E. O'TOOLE, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied January 21, 1988.

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 William L. Browers, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Dominick P. Dolci, of Oakbrook Terrace, for appellee.

Reversed and remanded.

JUSTICE UNVERZAGT delivered the opinion of the court:

The State appeals from the trial court's order allowing an evidentiary hearing pursuant to Franks v. Delaware (1978), 438 U.S. 154, 57 L.Ed.2d 667, 98 S.Ct. 2674, and granting the motion to suppress evidence against the defendant, Robert O'Toole. Defendant was charged with possession and possession with intent to deliver 500 grams of cannabis...

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