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PEOPLE v. MARTINEZ

No. 5-98-0027.

717 N.E.2d 535 (1999)

307 Ill. App.3d 368

240 Ill.Dec. 442

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

Appellate Court of Illinois, Fifth District.

September 7, 1999.

Attorney(s) appearing for the Case

Darrell Williamson, State's Attorney, Chester, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Clary Smith, Contractual Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellant.

Daniel M. Kirwan, Deputy Defender, Larry R. Wells, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellee.

Justice MAAG delivered the opinion of the court:

Defendant, Tommy M. Martinez, was charged by information on September 10, 1997, with unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1996)) and obstructing a peace officer (720 ILCS 5/31-1 (West 1996)). On October 2, 1997, defendant filed a plea of not guilty and a motion to dismiss alleging that the arresting officer had no reasonable grounds to request that defendant stop his vehicle and no...

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