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PEOPLE v. SMITH

No. 3-85-0377.

145 Ill. App.3d 262 (1986)

495 N.E.2d 605

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

Appellate Court of Illinois — Third District.

Modified on denial of rehearing August 5, 1986.

Attorney(s) appearing for the Case

Verlin R.F. Meinz, of State Appellate Defender's Office, of Ottawa, for appellant.

Edward Petka, State's Attorney, of Joliet (John X. Breslin and Howard R. Wertz, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed in part, and vacated in part and remanded.

JUSTICE BARRY delivered the opinion of the court:

Olian J. Smith operated an automobile-repair shop in Joliet. He was convicted of felony theft of an automobile following a bench trial, and he has appealed from that conviction and from his sentence of 30 months' probation and payment of $626 restitution within 24 months.

According to the trial testimony of State police officer John Perona, he was...

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