In re P.S.
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 78910, 78944
cons.
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 |