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PEOPLE v. WELLS

No. 5-94-0292.

652 N.E.2d 845 (1995)

273 Ill. App.3d 349

210 Ill.Dec. 43

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Norval W. WELLS, Jr., Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

June 30, 1995.

Attorney(s) appearing for the Case

William Haine, State's Atty., Madison County, Edwardsville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Gerry R. Arnold, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for appellant.

Daniel M. Kirwan, Deputy Defender, Dan W. Evers, Asst. Defender, Office of the State Appellate Defender, Fifth Judicial Dist., Mt. Vernon, for appellee.

Justice HOPKINS delivered the opinion of the court:

The State appeals from the trial court's order granting defendant's motion to suppress evidence. The question presented for our review is whether the trial court abused its discretion by granting the motion to suppress without an evidentiary hearing. Finding that the trial court abused its discretion, we reverse and remand the case for further proceedings consistent with this order.

The germane facts are...

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