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PEOPLE v. SMITH

Nos. 3-83-0109, 3-83-0375 cons.

122 Ill. App.3d 609 (1984)

461 N.E.2d 534

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

Appellate Court of Illinois — Third District.

Opinion filed March 9, 1984.

Attorney(s) appearing for the Case

Jerry Serritella, of Peoria, for appellant.

John A. Barra, State's Attorney, of Peoria (John X. Breslin and Vicki R. Wright, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

PRESIDING JUSTICE STOUDER delivered the opinion of the court:

The defendant, David Smith, was charged with the offenses of armed robbery (Ill. Rev. Stat. 1981, ch. 38, par. 18-2(a)) and armed violence (Ill. Rev. Stat. 1981, ch. 38, par. 33A-2). Following a trial by jury, the defendant was found guilty as charged. The circuit court of Peoria County sentenced the defendant to a 12-year term of imprisonment in the Department of Corrections...

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