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PEOPLE v. SMITH

No. 85-0215.

141 Ill. App.3d 797 (1986)

491 N.E.2d 128

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

Appellate Court of Illinois — Second District.

Opinion filed March 20, 1986.

Attorney(s) appearing for the Case

Randy E. Blue and Daniel M. Kirwan, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Fred L. Foreman, State's Attorney, of Waukegan (Kenneth R. Boyle, William Browers, and Marshall Stevens, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed as modified.

JUSTICE REINHARD delivered the opinion of the court:

Wilbert Smith, defendant, was charged with the offenses of attempted murder (Ill. Rev. Stat. 1983, ch. 38, par. 8-4(a)), armed violence (Ill. Rev. Stat. 1983, ch. 38, par. 33A-2) when, while armed with a dangerous weapon, committing aggravated battery pursuant to section 12-4(a), and two counts of aggravated battery (Ill. Rev. Stat....

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