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PEOPLE v. MARTINEZ

No. 2-96-1517.

694 N.E.2d 1084 (1998)

296 Ill. App.3d 330

230 Ill.Dec. 806

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Louis MARTINEZ, Defendant-Appellee.

Appellate Court of Illinois, Second District.

May 8, 1998.

Attorney(s) appearing for the Case

Joseph E. Birkett, DuPage County State's Atty., Wheaton, Margaret M. Healy, Asst. State's Atty., Wheaton, Martin P. Moltz, Deputy Director, State's Attys. Appellate Prosecutor, Elgin, Constance Augsburger, Law Offices of Dennis Schumacher, P.C., Mt. Morris, for People.

G. Joseph Weller (Court-appointed), Deputy Defender, Office of the State Appellate Defender, Elgin, for Louis Martinez.

Justice DOYLE delivered the opinion of the court:

The State appeals the order of the circuit court of Du Page County dismissing an indictment that charged defendant, Louis Martinez, with driving while his license was suspended (625 ILCS 5/6-303 (West 1996)). The State contends that the court erred in dismissing the indictment on the ground that the all-terrain vehicle (ATV) defendant was driving was not a "motor vehicle" as contemplated by section 6-303.

The...

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