People v. Marker

              No. 2--06--1071 Filed: 5-1-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kendall County.
)
Plaintiff-Appellant, ))
v. ) Nos. 06--CF--69
) 06--DT--57
)
BRENT E. MARKER, ) Honorable
) James M. Wilson,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE BYRNE delivered the opinion of the court:
Following a traffic stop by an Oswego police officer, defendant was arrested and charged
with driving under the influence of drugs (625 ILCS 5/11--501(a)(6) (West 2006)) and driving under
the combined influence of drugs and alcohol (625 ILCS 5/11--501(a)(5) (West 2006)) (DUI) in case
number 06--DT--57. As a result of the same arrest, defendant was also charged with unlawful
possession of a controlled substance (720 ILCS 570/402(a)(2)(A) (West 2006)) and unlawful
possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2006))
in case number 06--CF--69. Defendant filed a motion to quash his arrest and suppress evidence, and
the trial court granted the motion on August 11, 2006. On September 7, 2006, the State moved to
reconsider the trial court's ruling. The trial court denied the motion to reconsider on September 28,
2006, and on October 23, 2006, the State filed a certificate of impairment (see People v. Young, 82