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PEOPLE v. SMITH

No. 82-641.

124 Ill. App.3d 914 (1984)

464 N.E.2d 1206

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

Appellate Court of Illinois — Second District.

Opinion filed June 6, 1984.

Attorney(s) appearing for the Case

John S. Biallas, of St. Charles, and Randy Johnson, of Elgin, for appellant.

Robert J. Morrow, State's Attorney, of Geneva (Phyllis J. Perko and Raymond L. Beck, both of State's Attorneys Appellate Service Commission, of Elgin, and John X. Breslin and Rita Kennedy Mertel, both of State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Judgment affirmed.

JUSTICE UNVERZAGT delivered the opinion of the court:

The defendant was found guilty of misdemeanor theft (Ill. Rev. Stat. 1981, ch. 38, par. 16-1(a)) after a bench trial in the circuit court of Kane County. The circuit court enhanced his sentence to a Class 4 felony after finding that he had been convicted of a prior theft (Ill. Rev. Stat. 1981, ch. 38, par. 16(e)(1)) and sentenced him to one year in the Department of Corrections. He argues...

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