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PEOPLE v. SMITH

No. 76-1.

44 Ill. App.3d 1016 (1977)

359 N.E.2d 201

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANIEL R. SMITH, Defendant-Appellant.

Appellate Court of Illinois — Second District (2nd Division).

Opinion filed January 10, 1977.

Attorney(s) appearing for the Case

Ralph Ruebner and Andrew Berman, both of State Appellate Defender's Office, of Elgin, for appellant.

Gerry L. Dondanville, State's Attorney, of Geneva (Phyllis J. Perko, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed, sentence modified.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

The defendant was convicted of armed robbery and sentenced to a term of not less than 5 nor more than 10 years in the penitentiary.

He appeals on the grounds (1) that the evidence was not sufficient to convict him beyond a reasonable doubt; (2) that the sentence was excessive in view of the fact that one of the other two defendants involved with him in...

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