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PEOPLE EX REL. WALLER v. 1992 OLDSMOBILE STATION WAGON

No. 2-93-0485.

638 N.E.2d 373 (1994)

265 Ill. App.3d 93

202 Ill.Dec. 727

The PEOPLE ex rel. Michael J. WALLER, Plaintiff-Appellee, v. 1992 OLDSMOBILE STATION WAGON, VIN IG3BP8376NW300058, Defendant (Walter Sims, Claimant-Appellant).

Appellate Court of Illinois, Second District.

Rehearing Denied August 25, 1994.

Attorney(s) appearing for the Case

Salvatore C. Miglore, Robert E. Kall, Salvatore C. Miglore & Associates, Chicago, for 1992 Oldsmobile Station Wagon V.I.N., IG3BP8376NW300085.

Michael J. Waller, Lake County State's Atty., James K. Simonian, Asst. State's Atty., Waukegan, William L. Browers, Deputy Director, Lisa A. Hoffman, Elgin, Mary Beth Burns, State's Atty. Appellate Prosecutor, Elgin, for People.

Justice BOWMAN delivered the opinion of the court:

Claimant, Walter Sims, appeals the circuit court's order forfeiting a 1992 Oldsmobile pursuant to section 36-1 of the Criminal Code of 1961. (Ill.Rev.Stat.1991, ch. 38, par. 36-1 (now 720 ILCS 5/36-1 (West 1992)).) Sims contends that section 36-1 is unconstitutional because it grants judicial power to the Attorney General and because it vests judicial functions in the executive, rather than the judicial, branch, in...

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