People v. Cordero

State: Illinois

Court: 2nd District Appellate

Docket No: 2-03-0702 Rel

Case Date: 06/10/2005

No. 2--03--0702

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

Plaintiff-Appellee,

GABRIEL H. CORDERO,

Defendant-Appellant.

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Appeal from the Circuit Court
of Lake County.

Nos. 01--DT--4519
01--TR--142078

Honorable
Patrick N. Lawler and
Thomas R. Smoker,
Judges, Presiding.

JUSTICE KAPALA delivered the opinion of the court:

Defendant, Gabriel H. Cordero, appeals his convictions of driving under the influence (DUI) (625 ILCS 5/11--501(a)(2) (West 2000)) and operating an uninsured vehicle (625 ILCS 5/3--707 (West 2000)). Defendant moved the trial court to quash his arrest and suppress evidence, contending that he had been illegally seized by a Lake County deputy sheriff. The trial court denied defendant's motion. Thereafter, defendant was convicted of the above-mentioned charges, following a stipulated bench trial. On appeal, defendant contends that he was illegally seized. We agree and reverse.

On September 30, 2001, defendant was arrested for DUI. On April 21, 2002, defendant filed a motion to quash arrest and suppress evidence. The following facts are taken from the parties' agreed statement of facts, as the hearing on the motion to quash and suppress was not transcribed.

Deputy Quinones of the Lake County Sheriff's office testified that she had been employed by that office for approximately 2