PEOPLE EX REL. BURMILA v. 1983 OLDSMOBILE

No. 3-92-0253.

607 N.E.2d 311 (1993)

239 Ill. App.3d 1011

180 Ill.Dec. 417

The PEOPLE of the State of Illinois, ex rel. Edward A. BURMILA, Jr., State's Attorney of Will County, Illinois, Plaintiff-Appellant, v. ONE 1983 OLDSMOBILE, VIN 1G3AR47A1DM533361, and James Wagner, Defendant-Appellee.

Appellate Court of Illinois, Third District.

January 14, 1993.


Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Edward Burmila, Jr., Will County State's Atty., Joliet, Rita Kennedy Mertel, States' Attys. Appellate Prosecutor, Ottawa, for the People.

James Wagner, pro se.


Justice STOUDER delivered the opinion of the court:

The State appeals an order denying a forfeiture petition against a 1983 Oldsmobile. The sole issue concerns the applicability of the forfeiture statute to a vehicle owned by a minor that was used to transport burglary tools and to commit a burglary. We reverse.

No appellee's brief has been filed in response. However, since the record is simple and the issue is clear, we will address the merits of the case...

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