People v. Moreland

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-0699 Official Reports

Case Date: 08/08/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Moreland, 2011 IL App (2d) 100699

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. BENNY MORELAND, Defendant-Appellee.

District & No.

Second District Docket No. 2-10-0699

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

August 8, 2011 The trial court properly rescinded the statutory summary suspension of defendant's driver's license where he was not afforded a hearing within 30 days after he filed his petition to rescind, despite the State's argument that the 30-day period did not begin to run until the suspension was confirmed by the Secretary of State.

Decision Under Review

Appeal from the Circuit Court of Du Page County, No. 10-DT-1736; the Hon. Cary B. Pierce, Judge, presiding.

Judgment

Affirmed.

Counsel on Appeal

Robert B. Berlin, State's Attorney, of Wheaton (Lisa Anne Hoffman, Assistant State's Attorney, and Lawrence M. Bauer and Kristin M. Schwind, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People. Stephen J. Klein, of Ramsell & Associates, LLC, of Wheaton, for appellee.

Panel

JUSTICE BURKE delivered the judgment of the court, with opinion. Justices Schostok and Hudson concurred in the judgment and opinion.

OPINION

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