PEOPLE v. AUSTIN

No. 4-04-0727.

849 N.E.2d 112 (2006)

365 Ill. App.3d 496

302 Ill.Dec. 497

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Kim DeWayne AUSTIN, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

May 1, 2006.

Rehearing Denied June 16, 2006.


Attorney(s) appearing for the Case

Julia Rietz, State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Kathy Shepard, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Daniel D. Yuhas (Court-appointed), Michael Delcomyn, Assistant Defender (argued), Office of the State Appellate Defender, Springfield, for Kim DeWayne Austin.


Presiding Justice TURNER delivered the opinion of the court:

In February 2003, the State charged defendant, Kim DeWayne Austin, with one count of unlawful possession with intent to deliver a controlled substance. In May 2003, defendant filed a motion to suppress evidence, which the trial court denied. In July 2004, defendant filed a motion for rehearing. In August 2004, the court granted the motion to suppress.

On appeal, the State argues the trial court erred...

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