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PEOPLE v. MOMPIER

No. 1-94-0148.

657 N.E.2d 1190 (1995)

276 Ill.App.3d 393

212 Ill.Dec. 845

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. John P. MOMPIER, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

November 17, 1995.

Attorney(s) appearing for the Case

Roland W. Burris, Attorney General of Illinois, Chicago (Rosalyn B. Kaplan, Arleen C. Anderson and Michael A. Hurst, of counsel), for appellant.

Robert W. Smith, Hillside, for appellee.

Justice EGAN delivered the opinion of the court:

The police arrested the defendant, John Mompier, for possession of a controlled substance, and a third party posted bond for him. The Illinois Department of Revenue filed a lien against this bond deposit to secure a tax it claimed the defendant owed under the Cannabis and Controlled Substances Tax Act (Ill.Rev.Stat.1991, ch. 120, par. 2151 et seq. (now 35 ILCS 520/1 et seq. (West 1992))) ("Drug Tax Act...

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