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PEOPLE v. SMITH

Nos. 85-1884, 85-1903 cons.

159 Ill. App.3d 156 (1987)

512 N.E.2d 71

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

Appellate Court of Illinois — First District (1st Division).

Rehearing denied August 19, 1987.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Nicolette Katsivalis, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., Sharon L. Gaull, and Robert M. Podlasek, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE O'CONNOR delivered the opinion of the court:

The defendant was arrested on January 11, 1985, and charged with possession of a stolen motor vehicle (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 4-103). Following a bench trial, the defendant was found guilty and sentenced to six years in prison. The defendant claims on appeal that section 4-103 of the Vehicle Code under which he was sentenced is unconstitutional.

The defendant points...

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