Opinion
98731
November 9, 2004.
Motion by respondent to modify the Court's supervisory order entered on October 6, 2004. The order of October 6, 2004, is vacated. The petition for leave to appeal is denied. In the exercise of this Court's supervisory authority, the Appellate Court, First District, is directed to vacate its judgment in People v. Davis, 349 Ill.App.3d 93, 284 Ill.Dec. 792, 810 N.E.2d 582 (2004), and to retain jurisdiction and remand to the circuit court for a suppression hearing. If the outcome of the hearing so requires, a new trial should be held. Otherwise, the case should return to the appellate court for consideration of the remaining issues.
Order entered by the Court.