People v. Epperley

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

The State appeals from the order granting defendant’s motion to suppress evidence. It contends that the record shows that the cannabis which was the subject of the motion to suppress was in plain view of the officer who had stopped the defendant because of his erratic driving. The defendant has not filed a brief or otherwise appeared. However, we exercise our discretion to decide the appeal on its merits.

In the State’s brief reference is made only to the testimony of Officer Gonzalez. The officer testified that after he…