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PEOPLE v. SMITH

No. 3-84-0552.

132 Ill. App.3d 857 (1985)

477 N.E.2d 755

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

Appellate Court of Illinois — Third District.

Opinion filed April 25, 1985.

Attorney(s) appearing for the Case

Robert Agostinelli and Kenneth D. Brown, both of State Appellate Defender's Office, of Ottawa, for appellant.

Edward F. Petka, State's Attorney, of Joliet (John X. Breslin and Peter M. Tumminaro, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed in part, and reversed in part and remanded.

JUSTICE STOUDER delivered the opinion of the court:

On July 19, 1984, defendant, George Smith, was convicted of burglary and armed violence and sentenced to an extended term of 40 years on the armed violence count, with credit for 228 days served. Smith was not sentenced on the burglary conviction.

The burglary occurred on May 31, 1981, when Elizabeth...

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