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PEOPLE v. SMITH

No. 4-89-0898.

560 N.E.2d 399 (1990)

202 Ill. App.3d 606

148 Ill.Dec. 97

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brian J. SMITH, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

September 6, 1990.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Lawrence J. Essig, Asst. Defender, for defendant-appellant.

Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Dale M. Wood, Staff Atty., for plaintiff-appellee.

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. 12-4(b)(6).) On May 16, 1988, at defendant's arraignment, the trial court advised...

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