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PEOPLE v. SMITH

No. 4-89-0898.

202 Ill. App.3d 606 (1990)

560 N.E.2d 399

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

Appellate Court of Illinois — Fourth District.

Opinion filed September 6, 1990.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Lawrence J. Essig, both of State Appellate Defender's Office, of Springfield, for appellant.

Thomas J. Difanis, State's Attorney, of Urbana (Kenneth R. Boyle, Robert J. Biderman, and Dale M. Wood, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed.

JUSTICE McCULLOUGH delivered the opinion of the court:

Defendant appeals the revocation of his probation. He argues the trial court could not resentence him in absentia and the petition to revoke was fatally defective.

We affirm.

On May 15, 1988, defendant was arrested and charged with aggravated battery and a misdemeanor offense. (Ill. Rev. Stat. 1987, ch. 38, par...

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