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IN RE FORFEITURE OF $2,354.00 U.S. CURRENCY

No. 2-00-0142.

760 N.E.2d 565 (2001)

326 Ill. App.3d 9

260 Ill.Dec. 148

In re FORFEITURE OF $2,354.00 UNITED STATES CURRENCY (Darrel W. Barker, Petitioner-Appellee, v. The People of the State of Illinois, Respondent-Appellant).

Appellate Court of Illinois, Second District.

November 30, 2001.

Attorney(s) appearing for the Case

Douglas P. Floski, State's Attorney, of Oregon (Deborah E. Ellis, Assistant State's Attorney, and Martin P. Moltz and Gregory L. Slovacek, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

G. Joseph Weller and Kathleen J. Hamill, both of State Appellate Defender's Office, of Elgin, for appellee.

Justice O'MALLEY delivered the opinion of the court.

The State declared a nonjudicial forfeiture of property pursuant to section 6 of the Drug Asset Forfeiture Procedure Act (Act) (725 ILCS 150/6 (West 1998)). Petitioner, Darrel W. Barker (whose name also appears in the record as "Darrell W. Barker"), the property's owner, petitioned to vacate the forfeiture, alleging that he did not receive adequate notice of the proceeding. The trial court granted the petition,...

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