Following a hearing, the court granted the motion. The State appeals, and we reverse. We note that defendant has failed to file a brief. However, we find that the record is simple and the claimed error is such that we can decide the issue without the aid of an appellee's brief. In defendant's motion to dismiss the driving with a revoked license charge, he alleged the following.
Defendant is and always has been an Iowa resident.
His privileges to drive in Illinois were revoked on October 1, 1983. 178 Ill. App. The State argued that the license had to be properly issued and that defendant had the burden to show through application materials that he disclosed to the Iowa authorities his revoked Illinois privileges. Defendant responded that the court should not presume that the license was not properly issued and that, if it was defendant's burden to prove that it was, then he wanted time to obtain the appropriate records. The court reserved ruling and later issued a written decision granting defendant's motion.