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PEOPLE EX REL. KILQUIST v. 1978 MAZDA GLC AUTOMOBILE

No. 5-86-0304.

165 Ill. App.3d 540 (1988)

518 N.E.2d 1287

THE PEOPLE ex rel. WILLIAM J. KILQUIST, Plaintiff-Appellant, v. ONE 1978 MAZDA GLC AUTOMOBILE, VEHICLE IDENTIFICATION NUMBER FA4TS660606, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed January 27, 1988.

Attorney(s) appearing for the Case

John R. Clemons, State's Attorney, of Murphysboro (Kenneth R. Boyle, Stephen E. Norris, and Matthew E. Franklin, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for appellant.

Richard E. White, Chartered, of Murphysboro, for appellee.

Judgment affirmed.

JUSTICE LEWIS delivered the opinion of the court:

The State appeals from a judgment of the circuit court of Jackson County dismissing a complaint for forfeiture of a vehicle filed pursuant to section 36-2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 36-2). We affirm.

The facts are not in dispute. On September 28, 1985, officers of the Jackson County sheriff's department and the Ava police department

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