People v. One 1990 Chevrolet Suburban, VIN 1GNER16K7LF1628

The State filed a complaint in the circuit court of Du Page County seeking forfeiture of a 1990 Chevrolet Suburban pursuant to section 505(a)(3) of the Illinois Controlled Substances Act (the Act) (Ill. Rev. Stat. 1989, ch. 56½, par. 1505(a)(3)). The court granted claimant, Robert Kittleson, leave to intervene. Based on a stipulation of facts, the court ordered the forfeiture of the vehicle, and claimant appeals. Claimant contends that: (1) the circuit court erred in failing to apply certain statutory presumptions; (2) the State failed to prove that claimant’s wife used the vehicle to…