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PEOPLE v. SMITH

No. 2-95-0016.

656 N.E.2d 797 (1995)

275 Ill.App.3d 844

212 Ill.Dec. 200

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Christopher D. SMITH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 13, 1995.

Attorney(s) appearing for the Case

McNamee, Mahoney & Nave, Ltd., Timothy K. Mahoney, Donald M. Tegeler, Jr., and Charles E. Nave, Dundee, for Christopher Smith.

David R. Akemann, Kane County State's Attorney, St. Charles, William L. Browers Deputy Director, and Lisa Anne Hoffman, State's Attorneys Appellate Prosecutors, Elgin, for the People of the State of Illinois.

Justice HUTCHINSON delivered the opinion of the court:

Defendant, Christopher Smith, was charged with three drug offenses in July 1992. A nonjudicial forfeiture proceeding was also instituted by the State's Attorney against $106 in United States currency allegedly seized from defendant in connection with the charged offenses. The State's Attorney declared the funds forfeited on September 28, 1992. Defendant appeals from the trial court's denial of his motion to dismiss...

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