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PEOPLE v. ($1,240) U.S. CURRENCY

Nos. 4-08-0464, 4-08-0465.

918 N.E.2d 1072 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. ONE THOUSAND TWO HUNDRED FORTY DOLLARS ($1,240) UNITED STATES CURRENCY, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. Four Thousand Eight Hundred Fifty Dollars ($4,850) United States Currency, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

As Modified Upon Denial of Rehearing December 24, 2009.

MODIFIED UPON DENIAL OF REHEARING

Justice MYERSCOUGH delivered the opinion of the court:

In January 2008, in case No. 08-MR-14, the State initiated nonjudicial forfeiture proceedings regarding $1,240 in United States currency police seized from Leland Deviner pursuant to the Drug Asset Forfeiture Procedure Act (Act) (725 ILCS 150/1 through 14 (West 2006)). In February 2008, having received no claim from Deviner for return of the currency, the State declared...

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