Filed April 19, 2007.
APPELLATE COURT OF ILLINOIS
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of the 9th Judicial Circuit,
) McDonough County, Illinois,
v. ) No. 01--CM--285
RUSSELL E. ANDREWS, ) Honorable
) Richard H. Gambrell,
Defendant-Appellant. ) Judge, Presiding.
PRESIDING JUSTICE LYTTON delivered the OPINION of the court:
The defendant, Russell E. Andrews, was charged with unlawful
possession of cannabis (720 ILCS 550--4(b) (West 2000)). His
motion to suppress the evidence was denied. Following a stipulated
bench trial, the court found him guilty and sentenced him to, among
other things, one year of conditional discharge and 60 days in the
county jail. His motion for a new trial was also denied. On
appeal, the defendant argues that the trial court erred by denying
his motion to suppress.
On September, 27, 2006, the Illinois Supreme Court entered a
supervisory order instructing us to vacate our judgment and
reconsider this case in light of Illinois v. Caballes, 543 U.S. 405