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PEOPLE v. LOCKHART

No. 3-99-0328.

724 N.E.2d 540 (2000)

311 Ill. App.3d 358

243 Ill.Dec. 941

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

Appellate Court of Illinois, Third District.

January 25, 2000.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attorney Appellate Prosecutor, Ottawa, James Glasgow, Will county State's Attorney, Judith Z. Kelly, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Jennifer Aiton, Office of the State Appellate Defender, Ottawa, for Johnny C. Lockhart.

Justice HOMER delivered the opinion of the court:

The defendant, Johnny C. Lockhart, was charged with unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1998)). He filed a motion to suppress the evidence recovered from the warrantless search of his person. The trial court granted his motion, and the State appeals. We affirm.

FACTS

At the suppression hearing, the defendant testified that he went to the house at 305 Western in...

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