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PEOPLE v. ORTH

No. 3-86-0214.

154 Ill. App.3d 144 (1987)

506 N.E.2d 960

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JERRY ORTH, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed February 2, 1987.

Attorney(s) appearing for the Case

Stephen Reed, State's Attorney, of Oquawka (Gary F. Gnidovec, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Stephen Landuyt, of Monmouth, for appellee.

Judgment affirmed.

JUSTICE STOUDER delivered the opinion of the court:

This is an appeal from the judgment of the circuit court of Henderson County granting defendant's motion to rescind the statutory summary suspension of his driver's license. The State contends that sufficient evidence existed to uphold the statutory summary suspension and that the trial court erroneously rescinded the suspension.

On January 12, 1986, Officer Myers arrested the defendant...

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