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Sturgeon v. Powell

OPINION FILED NOVEMBER 18, 1970.

CHESTER STURGEON, APPELLEE,

v.

PAUL POWELL, SECRETARY OF STATE, APPELLANT.



APPEAL from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County; the Hon. EDWARD J. EGAN, Judge, presiding.

MR. CHIEF JUSTICE UNDERWOOD DELIVERED THE OPINION OF THE COURT: The First District Appellate Court dismissed as moot the defendant Secretary of State's appeal from an administrative review judgment of the circuit court of Cook County reversing the revocation of plaintiff's driver's license. (118 Ill. App.2d 382.) We granted leave to appeal. 43 Ill.2d 398.

On September 21, 1967, plaintiff Chester Sturgeon pleaded guilty in the circuit court of Cook County to reckless conduct (Ill. Rev. Stat. 1967, ch. 38, par. 12-5) and was admitted to three years probation. Sturgeon had originally been indicted for involuntary manslaughter based on the fact that a motor vehicle driven by him had struck and killed a child on June 5, 1966. On October 25, 1967, the defendant Secretary of State revoked the plaintiffs' license to drive pursuant to the provisions of section 6-206(a) 4 of the Illinois Vehicle Code. (Ill. Rev. Stat. 1967, ch. 95 1/2, par. 6-206(a) 4.) Following a hearing which affirmed the order of revocation, the plaintiff filed a complaint in administrative review. On June 5, 1968, a temporary stay order was issued by the circuit court which restored the plaintiff's driver's license to him pending further order of the court, and the matter was set for hearing on the merits. A permanent order reversing the Secretary of State's order of revocation, was issued on August 29, 1968, by the circuit court.

The problem before us arises from the receipt by plaintiff of two letters from the Secretary's office. The first was a June 12, 1968, "Rescinding Order" sent to plaintiff by the Driver Control Section of the Secretary's office and notified plaintiff that the revocation had been stayed, that his driving privileges were being restored and the case reset for trial. That letter is as follows:

"RESCINDING ORDER

Date: June 12, 1968 License No.: S362-1002-5326

Chester Sturgeon 10601 So. 81st Court Palos Hills, Illinois

YOU ARE HEREBY NOTIFIED that the Order of Revocation, entered by the Drivers License Division, effective October 25, 1967, is RESCINDED.

This action is based on reports from the Circuit Court of Cook County, Illinois, that the Order of Revocation entered on October 25, 1967, is hereby Stayed. By further order of the court, your driving privileges and drivers license will be restored, and the case has been reset for trial on August 26, 1968.

Enclosed please find a Temporary Operator's Permit to be used while your license is in the process of being issued.

B.T. Doone

Supervisor

Drivers License Division Driver Control Section BTD: WFL: cr."

A second letter, this from the Safety Responsibility Section, was mailed plaintiff ...


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