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PEOPLE v. SMITH

No. 2-99-0556.

740 N.E.2d 1210 (2000)

318 Ill. App.3d 64

251 Ill.Dec. 639

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth R. SMITH, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 28, 2000.

Attorney(s) appearing for the Case

G. Joseph Weller, of State Appellate Defender's Office, of Elgin, and Robert O. Ackley, of Law Offices of Robert O. Ackley, of Mundelein, for appellant.

David R. Ackeman, State's Attorney, of St. Charles (Martin P. Moltz, of State's Attorneys Appellate Prosecutor's Office, of counsel), and Kristine A. Karlin, of Mt. Prospect, for the People.

Presiding Justice BOWMAN delivered the opinion of the court:

Defendant, Kenneth R. Smith, was charged by indictment with three counts of first-degree murder (720 ILCS 5/9-1(a)(1), (2), (3) (West 1994)) and one count each of armed violence (720 ILCS 5/33A-2 (West 1994)), unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1(a) (West 1994)), and armed robbery (720 ILCS 5/18-2(a) (West 1994)). After a bench trial...

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