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PEOPLE EX REL. KELLY v. SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500) UNITED STATES CURRENCY

No. 5-13-0075.

2014 IL App (5th) 130075

THE PEOPLE ex rel. BRENDAN F. KELLY, State's Attorney of St. Clair County, Illinois, Plaintiff-Appellant, v. SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500) UNITED STATES CURRENCY, Defendant-Appellee, (William Warner and Cynthia Warner, Petitioners-Appellees; and St. Clair County State's Attorney, Respondent-Appellant).

Appellate Court of Illinois, Fifth District.

Decision filed January 24, 2014.

Attorney(s) appearing for the Case

Hon. Brendan F. Kelly , State's Attorney, St. Clair County Courthouse, 10 Public Square, Belleville, IL 62220; Patrick Delfino , Director, Stephen E. Norris , Deputy Director, Kelly M. Stacey , Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Fifth District Office, 730 E. Illinois Hwy. 15, Suite 2, P.O. Box, 2249, Mt. Vernon, IL 62864, Attorneys for Appellant.

Francine M. Johnston , Neubauer & Johnston, 955 Lincoln Highway, Fairview Heights, IL 62208, Attorney for Appellees.

Justices Goldenhersh and Chapman concurred in the judgment and opinion.

OPINION

JUSTICE WEXSTTEN delivered the judgment of the court, with opinion.

¶ 1 The plaintiff, the People of the State of Illinois ex rel. Brendan F. Kelly, State's Attorney of St. Clair County, administratively declared $16,500 in United States currency forfeited pursuant to the Illinois Drug Asset Forfeiture Procedure Act (the Forfeiture Act) (725 ILCS 150/1 to 14 (West 2012)). The petitioners, William and Cynthia Warner, filed a petition to...

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