PEOPLE v. SMITH

No. 78-306.

74 Ill. App.3d 796 (1979)

394 N.E.2d 53

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

Appellate Court of Illinois — Third District.

Opinion filed August 15, 1979.


Attorney(s) appearing for the Case

Robert Agostinelli, of State Appellate Defender's Office, of Ottawa, for appellant.

Michael M. Mihm, State's Attorney, of Peoria (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Judgment affirmed.

Mr. JUSTICE SCOTT delivered the opinion of the court:

On February 14, 1978, the defendant, Eddie Smith, was indicted for the offense of rape. After a jury found the defendant guilty, and following a presentencing report and sentencing hearing, he was sentenced to a term of imprisonment of not less than 12 nor more than 20 years. At the sentencing hearing, the trial court, indicating that the defendant had a right to elect between the old...

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