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PEOPLE EX REL. VANDERSNICK v. ONE 1987 DODGE CHARGER AUTOMOBILE

No. 3-88-0776.

193 Ill. App.3d 547 (1990)

550 N.E.2d 271

THE PEOPLE ex rel. LARRY VANDERSNICK, State's Attorney, Henry County, Illinois, Plaintiff-Appellant, v. ONE 1987 DODGE CHARGER AUTOMOBILE VEHICLE IDENTIFICATION NUMBER 1B3BZ44C5HD525894, Defendant-Appellee (John C. Bielunski, Interpleader-Appellee).

Appellate Court of Illinois — Third District.

Opinion filed January 26, 1990.

Attorney(s) appearing for the Case

Larry VanDerSnick, State's Attorney, of Cambridge (Gary F. Gnidovec, of State's Attorneys Appellate Prosecutor's Office, of counsel), for appellant.

Thomas W. Montgomery, of Cambridge, for appellee.

Reversed and remanded.

JUSTICE WOMBACHER delivered the opinion of the court:

The State appeals from a judgment denying forfeiture of a 1987 Dodge Charger automobile. The State contends that the automobile was used to facilitate the commission of the offense of unlawful possession of a controlled substance and therefore is subject to forfeiture under section 36-2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 36-2).

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