In re P.S.
State: Illinois
Docket No: 78910, 78944
cons.
NOTICE: Under Supreme Court Rule 367 a party has 21 days after
the filing of the opinion to request a rehearing. Also, opinions
are subject to modification, correction or withdrawal at anytime
prior to issuance of the mandate by the Clerk of the Court.
Therefore, because the following slip opinion is being made
available prior to the Court's final action in this matter, it
cannot be considered the final decision of the Court. The
official copy of the following opinion will be published by the
Supreme Court's Reporter of Decisions in the Official Reports
advance sheets following final action by the Court.
Docket Nos. 78910, 78944 cons.--Agenda 6--September 1996.
In re P.S., a Minor (The People of the State of Illinois,
Appellant, v. P.S., Appellee).--THE PEOPLE OF THE STATE OF
ILLINOIS, Appellant, v. JOHN KIMERY, Appellee.--THE PEOPLE OF THE
STATE OF ILLINOIS, Appellant, v. RODERICK TURNER, Appellee.
Opinion filed January 30, 1997.
JUSTICE MILLER delivered the opinion of the court:
One of the actions consolidated here, that involving
defendant John Kimery, is before us on remand from the United
States Supreme Court for further consideration in light of the
Court's decision in United States v. Ursery, 518 U.S. ___, 135 L.
Ed. 2d 549, 116 S. Ct. 2135 (1996).
The facts pertinent to this appeal are set forth in our
previous opinion in this case, In re P.S., 169 Ill. 2d 260 (1996),
and require only brief restatement here. In cause No. 78910, Kimery
was arrested on October 6, 1991, following an incident in which he
was observed making a purchase of illicit drugs. On that occasion
an Aurora police officer who was conducting surveillance saw Kimery
stop his car and speak to two men, who then entered a nearby
building. One of the men returned to Kimery's car several minutes
later and got into the vehicle. The officer conducting the
surveillance then saw the man hand Kimery a small white bag and
receive money from Kimery in return. Police arrested the occupants
of the vehicle and recovered a plastic bag from Kimery; the
contents of the bag were later tested and were found to contain
cocaine. Kimery was charged in the circuit court of Kane County
with one count of unlawful possession of a controlled substance in
violation of section 402(c) of the Illinois Controlled Substances
Act (Ill. Rev. Stat. 1991, ch. 56
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