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PEOPLE v. STANTON

No. 2-94-0546.

646 N.E.2d 957 (1995)

269 Ill.App.3d 654

207 Ill.Dec. 123

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Johnny STANTON, Defendant-Appellee.

Appellate Court of Illinois, Second District.

February 23, 1995.

Attorney(s) appearing for the Case

Anthony M. Peccarelli, Du Page County State's Atty., Barbara A. Preiner, Supervisor of Appeals, Du Page County State Atty.'s Office, Wheaton, IL, William L. Browers, Deputy Director, Mary Beth Burns, State's Atty. Appellate Prosecutors, Elgin, IL, for people.

Myron B. Goldstin, Chicago, IL, for Johnny Stanton.

Justice INGLIS delivered the opinion of the court:

The State appeals an order of the circuit court of Du Page County rescinding the statutory summary suspension of the driving privileges of defendant, Johnny Stanton (see 625 ILCS 5/2-118.1 (West 1992)), arguing that defendant failed to make a prima facie case for either ground upon which the trial court relied, viz., (1) that the arresting officer lacked probable cause to believe defendant was driving...

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