PEOPLE v. FLYNN

No. 1-87-3660.

197 Ill. App.3d 13 (1990)

554 N.E.2d 668

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. SHAWN G. FLYNN, Defendant-Appellee.

Appellate Court of Illinois — First District (6th Division).

Opinion filed April 20, 1990.


Attorney(s) appearing for the Case

Cecil A. Partee, State's Attorney, of Chicago (Inge Fryklund, Linda Woloshin, and Patrick M. Brady, Assistant State's Attorneys, of counsel), for the People.

Nealis & Bradley, Ltd., of Chicago (Thomas V. Gainer, Jr., of counsel), for appellee.


Reversed and remanded.

PRESIDING JUSTICE LaPORTA delivered the opinion of the court:

This is an appeal by the State from an order of the circuit court granting the motion of defendant to suppress the results of his breathalyzer test in his trial for driving under the influence of alcohol (DUI). The issue on appeal is whether the trial court erred when it ruled that in the DUI prosecution the doctrine of collateral estoppel precluded the relitigation of an...

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