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PEOPLE v. SMITH

No. 3-01-0772.

780 N.E.2d 707 (2002)

331 Ill. App.3d 1049

269 Ill.Dec. 235

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

Appellate Court of Illinois, Third District.

June 27, 2002.

Attorney(s) appearing for the Case

Mark D. Fisher (argued), Office of the State Appellate Defender, Ottawa, for Joseph Smith.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Jeff Tomczak, Will County State's Attorney, Joliet, Deidre Donnellan (argued), Plainfield, for the People.

Justice SLATER delivered the opinion of the court:

Defendant Joseph Smith was convicted of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2000)) at the conclusion of a stipulated bench trial and he was sentenced to a term of two years' probation. On appeal, the defendant contends that the trial court erred in denying his motion to suppress. We reverse.

Facts

The only witness to testify at the suppression hearing was Officer...

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