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PEOPLE v. HUBBARD

No. 2-87-0252.

170 Ill. App.3d 572 (1988)

524 N.E.2d 1263

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MICHAEL S. HUBBARD, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed June 14, 1988.

Attorney(s) appearing for the Case

Dallas C. Ingemunson, State's Attorney, of Yorkville (William L. Browers, John X. Breslin, and Gary F. Gnidovec, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

James G. Groat, of Louis E. Neuendorf & Associates, of Sandwich, for appellee.

Reversed and remanded.

JUSTICE INGLIS delivered the opinion of the court:

Defendant, Michael S. Hubbard, was convicted of driving while under the influence of alcohol (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501(a)(2)). The trial court granted defendant's post-trial motion, vacated his conviction, and ordered a new trial. Defendant's subsequent motion to suppress evidence was granted, and the State appeals from that order. On appeal, the State contends that...

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