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PEOPLE v. PERKINS

No. 3-01-0765.

788 N.E.2d 770 (2003)

338 Ill. App.3d 662

273 Ill.Dec. 179

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ricardo O. PERKINS, Jr., Defendant-Appellant.

Appellate Court of Illinois, Third District.

April 9, 2003.

Attorney(s) appearing for the Case

Mark D. Fisher, Office of the State Appellate Defender (Court-appointed), Ottawa, for Ricardo O. Perkins, Jr.

John X. Breslin, Deputy Director, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, William Poncin, State's Attorney, Macomb, for the People.

Justice SLATER delivered the opinion of the court:

Defendant Ricardo O. Perkins was charged with possession of cannabis (720 ILCS 550/4(d) (West 2000)). He filed a motion to suppress evidence, which the trial court denied. Following a stipulated bench trial, defendant was convicted as charged. On appeal, defendant argues that the trial court erred in denying his motion to suppress. We reverse.

BACKGROUND

At the suppression hearing, Officer Robert...

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