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PEOPLE v. $207,766 U.S. CURRENCY

No. 2-98-1651.

727 N.E.2d 629 (2000)

312 Ill. App.3d 454

245 Ill.Dec. 182

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. $207,766 UNITED STATES CURRENCY, Defendant (Derrick Aquino, Claimant-Appellant; Fred Morelli, Jr., Appellant).

Appellate Court of Illinois, Second District.

March 27, 2000.

Attorney(s) appearing for the Case

Fred M. Morelli Jr., Law Offices of Morelli & Cook, Aurora, for Derrick Aquino, Fred Morelli.

David R. Akemann, Kane's County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, John X. Breslin, Deputy Director, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice RAPP delivered the opinion of the court:

Attorney, Fred Morelli, Jr., and claimant, Derrick Aquino, timely appeal from peripheral orders arising from the forfeiture of $207,766 and other property. On appeal, Morelli argues that his fee should be paid out of a portion of the forfeited funds. We disagree and affirm.

In January 1996, Aquino was charged with violations of the Illinois Controlled Substances Act (720 ILCS 570/100 et seq. (West 1996...

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