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PEOPLE v. WITHER

No. 3-00-0524.

748 N.E.2d 336 (2001)

321 Ill. App.3d 382

254 Ill.Dec. 890

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Sylvan WITHER, Defendant-Appellee.

Appellate Court of Illinois, Third District.

April 27, 2001.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Paul Mangieri, State's Attorney, Galesburg, Rita Kennedy Mertel State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Barbara K. Wallace, Winstein, Kavensky & Wallace, Rock Island, for Sylvan Wither.

Justice HOLDRIDGE delivered the Opinion of the Court:

The defendant, Sylvan Wither, was charged with unlawful possession with intent to deliver a controlled substance (720 ILCS 570/401(a)(2)(A) (West 1998)) and unlawful possession of a controlled substance (720 ILCS 570/402(a)(2)(A) (West 1998)). He filed a motion to suppress alleging that the search of his vehicle incident to his arrest was unlawful. The trial court granted the defendant's motion, and the State appeals...

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