PEOPLE v. LUEDEMANN

Nos. 2-03-1303, 2-04-0184.

828 N.E.2d 355 (2005)

357 Ill. App.3d 411

293 Ill.Dec. 385

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Derek M. LUEDEMANN, Defendant-Appellee (Two Cases).

Appellate Court of Illinois, Second District.

Rehearing Denied June 1, 2005.


Attorney(s) appearing for the Case

John A. Barsanti, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People No. 2-03-1303.

Lisa F. Napier, McNamee, Mahoney & Leach, Ltd., Dundee, for Derek M.Luedemann.

Mary Katherine Moran, Special Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-04-0184.


Justice GROMETER delivered the opinion of the court:

Early on a Saturday morning in August 2002, defendant, Derek M. Luedemann, was sitting in his car in front of his girlfriend's house, waiting for her to return home. Officer Eric Pate drove by, noticing that defendant's car was running and he was smoking in the car. Officer Pate drove past defendant, parked in the middle of the street, approached defendant, and observed...

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