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PEOPLE v. 2000 GMC VIN 3GNFK16T2YG169852

No. 2-04-0744.

829 N.E.2d 437 (2005)

357 Ill. App.3d 873

293 Ill.Dec. 854

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. ONE 2000 GMC VIN 3GNFK16T2YG169852, Defendant (Daniel Durham, Claimant-Appellant).

Appellate Court of Illinois, Second District.

May 27, 2005.

Attorney(s) appearing for the Case

Salvatore C. Miglore, Salvatore C. Miglore & Associates, P.C., Wheaton, for Daniel W. Durham Owner, One 2000 GMC.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, Trent M. Marshall, State Attorneys Appellate Prosecutor, Mt. Vernon, for the People.

Justice HUTCHINSON delivered the opinion of the court:

Claimant, Daniel Durham, appeals from the judgment of the circuit court of Du Page County in favor of the State on its complaint for the forfeiture of a GMC vehicle owned by Durham. Durham contends that the forfeiture violates the prohibition against excessive fines set forth in the eighth amendment to the United States Constitution (U.S. Const., amend.VIII). Durham...

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