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PEOPLE EX REL. DALEY v. ONE 1978 BUICK

No. 1-88-1429.

195 Ill. App.3d 711 (1990)

553 N.E.2d 49

THE PEOPLE ex rel. RICHARD M. DALEY, State's Attorney of Cook County, Plaintiff-Appellee, v. ONE 1978 BUICK AUTOMOBILE, Vehicle Identification No. 4N69Y8X101063, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed March 21, 1990.

Attorney(s) appearing for the Case

Law Offices of Joseph V. Roddy, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Inge Fryklund, Lacoulton Walls, and James D. Brosnahan, Assistant State's Attorneys, of counsel), for appellee.

Order affirmed.

JUSTICE SCARIANO delivered the opinion of the court:

Larry J. Elenz (Elenz) appeals from an order of the circuit court authorizing the forfeiture of a 1978 Buick automobile which the State alleges he used in the commission of the offense of gambling. Elenz maintains that the vehicle is not subject to forfeiture because the State failed to prove by a preponderance of the evidence that it was used to facilitate gambling. We affirm.

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