PEOPLE v. SMITH

No. 4-98-0959.

734 N.E.2d 1039 (2000)

315 Ill. App.3d 772

248 Ill.Dec. 748

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robin SMITH, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

August 16, 2000.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Catherine K. Hart (argued), Assistant Defender, Office of State Appellate Defender, Springfield, for Robin Smith.

John C. Piland, Champaign County States's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Timothy J. Londrigan (argued), Staff Attorney, State's Attorneys Appellate Prosecutor, for the People.


Presiding Justice COOK delivered the opinion of the court:

Defendant, Robin Smith, was convicted, at a stipulated bench trial, of the offense of possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 1998)). Defendant was later sentenced to 12 months' conditional discharge. Defendant appeals the court's denial of her motion to suppress. We reverse.

The evidence at the September 1998 hearing on defendant's motion to suppress showed the following.

...

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