People v. Loewenstein

              NO. 4-05-0692 Filed 2/15/08
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellant,
v.
JEREMY L. LOEWENSTEIN,
Defendant-Appellee.
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Appeal from
Circuit Court of
Vermilion County
No. 05CF108
Honorable
Michael D. Clary,
Judge Presiding.
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JUSTICE TURNER delivered the opinion of the court:
In February 2005, the State charged defendant, Jeremy
L. Loewenstein, with single counts of aggravated discharge of a
firearm and unlawful possession of a weapon by a felon. In July
2005, defendant filed a motion to suppress statements, which the
trial court granted in part and denied in part.
On appeal, the State argues the trial court erred in
suppressing certain statements made by defendant to the police.
We reverse and remand for further proceedings.
I. BACKGROUND
In February 2005, the State charged defendant Loewen-stein
and codefendant Donald Huerta by information with one count
of aggravated discharge of a firearm (720 ILCS 5/24-1.2(a)(2)
(West 2004)), alleging defendants knowingly discharged a firearm
in the direction of another person. The State also charged
defendants with one count of unlawful possession of a weapon by a
felon (720 ILCS 5/24-1.1(a) (West 2004)), alleging defendants,
both of whom had been convicted of a felony, knowingly possessed