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PEOPLE v. MENENDEZ

Nos. 1-88-2573, 1-88-2670 cons.

199 Ill. App.3d 612 (1990)

557 N.E.2d 462

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. RAFAEL MENENDEZ, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed May 25, 1990.

Attorney(s) appearing for the Case

Cecil A. Partee, State's Attorney, of Chicago (Bonnie Meyer Sloan, Special Assistant State's Attorney, and Inge Fryklund, Assistant State's Attorney, of counsel), for the People.

Sam Adam, of Chicago, for appellee.

Reversed and remanded.

JUSTICE LORENZ delivered the opinion of the court:

Rafael Menendez and Trinidad Garcia were indicted by a Cook County grand jury with possession of, and intent to deliver, a substance containing cocaine in violation of section 401(a)(2) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1401(a)(2)). Prior to trial, Menendez successfully moved to suppress evidence seized from his luggage. The State now appeals...

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