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PEOPLE v. SCUDDER

No. 2-87-0450.

175 Ill. App.3d 798 (1988)

530 N.E.2d 533

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GARY SCUDDER, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed October 26, 1988.

Attorney(s) appearing for the Case

G. Joseph Weller and Paul J. Glaser, both of State Appellate Defender's office, of Elgin, for appellant.

Eugene L. Stockton, State's Attorney, of Dixon (William L. Browers and Lawrence M. Bauer, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE UNVERZAGT delivered the opinion of the court:

Defendant, Gary Scudder, was convicted in the circuit court of Lee County of possession of instruments adapted for use of controlled substances or cannabis by subcutaneous injection (Ill. Rev. Stat. 1987, ch. 38, par. 22-50) and sentenced to a 120-day term of periodic imprisonment. On appeal, defendant contends that a search of his car following his arrest was illegal because the...

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