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PEOPLE v. LUNA

No. 2-00-0442.

752 N.E.2d 477 (2001)

322 Ill. App.3d 855

256 Ill.Dec. 597

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Damaso LUNA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 13, 2001.

Attorney(s) appearing for the Case

Paul A. Logli, Winnebago County State's Attorney, Rockford, Robert E. Davison, DePaepe & Davison, Springfield, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, for the People.

James A. Maloney, James A. Maloney & Associates, Loves Park, for Damaso Luna.

Justice GEIGER delivered the opinion of the court:

The defendant, Damaso Luna, was charged by indictment with unlawful possession with intent to deliver more than 15 grams of cocaine (720 ILCS 570/401(a)(2)(A) (West 1998)). The defendant moved to suppress the drug evidence as being unlawfully seized. The trial court granted the motion and denied the State's motion to reconsider. The State filed a certificate of impairment pursuant to Supreme Court Rule 604(a)(1) ...

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