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PEOPLE v. 1995 PONTIAC TRANS AM

No. 2-04-0603.

830 N.E.2d 876 (2005)

358 Ill. App.3d 184

294 Ill.Dec. 464

The PEOPLE ex rel. Joseph BIRKETT, State's Attorney of Du Page County, Illinois, Plaintiff-Appellee, v. 1995 PONTIAC TRANS AM, VIN 2G2FV22P5S2200525, Defendant (Brian Baker, Claimant-Appellant).

Appellate Court of Illinois, Second District.

June 17, 2005.

Attorney(s) appearing for the Case

Joseph V. Roddy, James E. Thompson, Law Offices of Joseph V. Roddy, Chicago, for Brian Baker, Owner of 1995 Pontiac Trans Am.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Joan M. Kripke, State's Attorneys Appellate Prosecutor, Elgin, for People ex rel. Joseph E. Birkett.

Justice BYRNE delivered the opinion of the court:

The State filed a verified complaint seeking the forfeiture of a 1995 Pontiac Trans Am, VIN 2G2FV22P5S2200525. The complaint alleged that the Trans Am was subject to forfeiture pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (Substances Act) (720 ILCS 570/505(a)(3) (West 2002)) and the provisions of the Drug Asset Forfeiture Procedure Act (Forfeiture Act) (725 ILCS 150/1 et seq. (West...

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