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PEOPLE v. ONE 1986 WHITE MAZDA TRUCK

No. 2-92-0666.

621 N.E.2d 250 (1993)

251 Ill. App.3d 79

190 Ill.Dec. 381

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. ONE 1986 WHITE MAZDA PICKUP TRUCK, VIN JM2UF1118G0577930, Defendant (Mark Brown, Claimant-Appellee).

Appellate Court of Illinois, Second District.

September 23, 1993.

Attorney(s) appearing for the Case

David R. Akemann, Kane County State's Atty., Heidi Baxter, Asst. State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Jeffrey K. Davison, State's Attys. Appellate Service Com'n, Springfield, for the People.

Fred M. Morelli, Jr., Law Offices of Morelli & Cook, Wilson Burnell, Aurora, for 1986 White Mazda Pick-Up Truck, Vin No. JM2UF1118G0577930.

Justice UNVERZAGT delivered the opinion of the court:

The State filed a complaint requesting forfeiture of a 1986 Mazda pickup truck pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Act) (Ill.Rev. Stat.1991, ch. 56½ par. 1505(a)(3) (now 720 ILCS 570/505(a)(3) (West 1992))), alleging that the truck was used to facilitate the possession of cocaine that claimant Mark Brown was carrying on his person when he was arrested. The trial court denied...

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