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PEOPLE EX REL. KELLY v. SIXTEEN THOUSAND FIVE HUNDRED DOLLARS

No. 5-13-0075.

4 N.E.3d 570 (2014)

2014 IL App (5th) 130075

378 Ill. Dec. 687

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.

January 24, 2014.

Attorney(s) appearing for the Case

Brendan F. Kelly , State's Attorney, Belleville ( Patrick Delfino , Director, Stephen E. Norris , Deputy Director, Kelly M. Stacey , Staff Attorney, Office of the State's Attorneys Appellate Prosecutor's Office, of counsel), for Appellant.

Francine M. Johnston , Neubauer & Johnston, Fairview Heights, for Appellees.

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...

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