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PEOPLE v. MILLNER

No. 5-89-0510.

607 N.E.2d 560 (1991)

239 Ill. App.3d 8

180 Ill.Dec. 491

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. David W. MILLNER, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Rehearing Denied January 22, 1993.

Attorney(s) appearing for the Case

Paul Hillis, Jr., State's Atty., Salem, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Scott A. Manuel, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellant.

R. Edward Veltman, Jr., Crain, Cooksey & Veltman, Ltd., Centralia, for defendant-appellee.

Justice HOWERTON delivered the opinion of the court:

Initially this case presents two jurisdictional issues that involve the Illinois Constitution and Supreme Court Rule 603, and those issues must be addressed before this court rules on the substantive issue involving constitutional law. Those jurisdictional issues are: (1) whether the circuit court of Marion County ruled that section 11-501.2 of the Illinois Vehicle Code (Ill.Rev.Stat. 1987, ch. 95½, par. 11...

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