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PEOPLE v. MILLER

No. 4-03-0033.

820 N.E.2d 1216 (2004)

354 Ill. App.3d 476

290 Ill.Dec. 149

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Russell C. MILLER, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

December 23, 2004.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Keleigh L. Biggins, Assistant Defender, Office of the State Appellate Defender, Springfield, for Russell C. Miller.

Barney S. Bier, State's Attorney, Quincy, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice KNECHT delivered the opinion of the court:

In October 2002, at a stipulated bench trial, the court found defendant guilty of unlawful possession of a controlled substance (720 ILCS 570/402(a)(6.5) (West 2002)). In December 2002, the court sentenced defendant to eight years' imprisonment. Defendant appeals, arguing the court erred in denying his motion to suppress where the police searched his vehicle incident to...

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