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PEOPLE v. 1995 FORD VAN

No. 2-03-0458.

809 N.E.2d 811 (2004)

348 Ill. App.3d 303

284 Ill.Dec. 245

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. 1995 FORD VAN, VIN 1FTJE34GOSHA15603, Defendant-Appellee (Edward Stadtler, Claimant-Appellee).

Appellate Court of Illinois, Second District.

May 7, 2004.

Attorney(s) appearing for the Case

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Mary Ellen Dienes, Des Plaines, for the People.

Donald J. Ramsell, Steven D. Armamentos, Ramsell & Associates, Wheaton, for 1995 Ford Van-VIN 1FTJE34GOSHA15603.

Justice GILLERAN JOHNSON delivered the opinion of the court:

In this appeal, we are faced with the question of whether the civil forfeiture of a vehicle under section 36-1 of the Criminal Code of 1961 (720 ILCS 5/36-1 (West 2000)) is barred by the claimant's acquittal of the underlying criminal charge. We hold that the acquittal does not collaterally estop the State from pursuing the vehicle forfeiture.

The claimant, Edward Stadtler, was arrested on September...

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