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PEOPLE v. $8,450 U.S. CURRENCY

No. 2-94-1251.

659 N.E.2d 103 (1995)

276 Ill.App.3d 952

213 Ill.Dec. 473

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. $8,450 UNITED STATES CURRENCY, Defendant (Bernard M. Joseph, Claimant-Appellee).

Appellate Court of Illinois, Second District.

December 18, 1995.

Attorney(s) appearing for the Case

David R. Akemann, Kane County State's Attorney, St. Charles, Heidi Baxter, Assistant State's Attorney, Geneva, William L. Browers, Deputy Director, State's Attorney Appellate Prosecutor, Elgin, Lisa A. Hoffman, State's Attorney Appellate Prosecutor, Elgin, for the People.

Vincent C. Argento, Elgin, for $8,450. US Currency and Bernard Michael Joseph.

Presiding Justice McLAREN delivered the opinion of the court:

The State appeals the trial court's order forfeiting $6,100 pursuant to section 505(a)(5) of the Illinois Controlled Substances Act (Controlled Substances Act) (720 ILCS 570/505(a)(5) (West 1994)). The State contends that the trial court erred in granting claimant, Bernard Joseph, a $2,000 personal property exemption (see 735 ILCS 5/12-1001(b) (West 1994)). We...

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