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PEOPLE v. DAY

No. 4-86-0799.

165 Ill. App.3d 266 (1988)

519 N.E.2d 115

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID BERNARD DAY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied March 4, 1988.

Attorney(s) appearing for the Case

Scott D. Drazewski, of Luedtke, Hartweg & Turner, of Bloomington, for appellant.

Ronald C. Dozier, State's Attorney, of Bloomington (Kenneth R. Boyle and Robert J. Biderman, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE KARNS delivered the opinion of the court:

David Bernard Day was charged in the circuit court of McLean County of possessing with intent to deliver cannabis (over 500 grams); delivery of cannabis (30 to 500 grams); and possession of a controlled substance, psilocybin. Day made a pretrial motion to suppress evidence based on the warrantless entry of police into his home. The motion was denied and Day was convicted following a stipulated...

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