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PEOPLE v. RODRIGUEZ-CHAVEZ

Nos. 2-09-1041, 2-09-1071.

938 N.E.2d 623 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Alberto RODRIGUEZ-CHAVEZ, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. Efren Cuebas-Barreto, Defendant-Appellee.

Appellate Court of Illinois, Second District.

November 9, 2010.

Attorney(s) appearing for the Case

Joseph E. Birkett , DuPage County State's Attorney, Wheaton, Lawrence M. Bauer , Deputy Director, Sally A. Swiss , State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-09-1041.

Alfredo Acosta , Law Offices of Alfredo Acosta & Associates, Berwyn, for Alberto Rodriguez-Chavez.

Joseph E. Birkett , DuPage County State's Attorney, Lisa Anne Hoffman , Assistant State's Attorney, Wheaton, Lawrence M. Bauer , Deputy Director, Sally A. Swiss , State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-09-1071.

Thomas A. Lilien , Deputy Defender, and Josette Skelnik (Court-appointed), Office of the State Appellate Defender, Elgin, for Efren Cuebas-Barreto.

Justice SCHOSTOK delivered the opinion of the court:

Following a traffic stop, defendants, Alberto Rodriguez-Chavez and Efren Cuebas-Barreto, were arrested and charged with unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(D) (West 2008)). Each defendant moved to quash his arrest and suppress evidence on the basis that probable cause to arrest was absent. The trial court granted the motions and denied the

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