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PEOPLE v. SMITH

No. 5-86-0163.

160 Ill. App.3d 89 (1987)

512 N.E.2d 1384

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD E. SMITH, JR., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed September 4, 1987.

Attorney(s) appearing for the Case

Daniel M. Kirwan and E. Joyce Randolph, both of State Appellate Defender's Office, of Mt. Vernon, and Deborah Buer, law student, for appellant.

Robert W. Matoush, State's Attorney, of Salem (Kenneth R. Boyle, Stephen E. Norris, and Matthew E. Franklin, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed and cause remanded.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

Defendant, Richard E. Smith, was convicted by a jury of residential burglary and sentenced to eight years' imprisonment in the Department of Corrections by the circuit court of Marion County. Defendant appeals from his conviction.

In the early morning hours of July 8, 1985, Helen Telford, age 76, was awakened by her mother calling out to her. Mrs. Telford...

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