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PEOPLE v. WITVOET

Nos. 3-90-0170, 3-90-0398.

570 N.E.2d 873 (1991)

212 Ill. App.3d 48

156 Ill.Dec. 397

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James WITVOET, d/b/a/ J.B. Fruits and Vegetables, Defendant-Appellee.

Appellate Court of Illinois, Third District.

April 4, 1991.

Attorney(s) appearing for the Case

Thomas L. Ciecko, Asst. Atty. Gen. (argued), Neil F. Hartigan, Atty. Gen., Terence M. Madsen, Asst. Atty. Gen., Chicago, for the People.

Adrienne W. Albrecht (argued), Sacks & Albrecht, Kankakee, for James Witvoet.

Justice BARRY delivered the OPINION of the court:

The State of Illinois appeals from the dismissal of eight indictments charging defendant James Witvoet with failing to file Retailers' Occupation Tax returns and failing to remit taxes collected from customers in 1986 and 1987. The trial court ruled that defendant was immune from prosecution under section 9 of the Retailers' Occupation Tax Act (Ill.Rev.Stat.1985), c. 120, par. 448), and the issue on appeal is whether...

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