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PEOPLE v. SMITH

No. 5-89-0723.

566 N.E.2d 797 (1991)

207 Ill. App.3d 1072

152 Ill.Dec. 920

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

Appellate Court of Illinois, Fifth District.

January 17, 1991.

Attorney(s) appearing for the Case

William R. Haine, State's Atty., Edwardsville, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Debra A. Buchman, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mount Vernon, for plaintiff-appellant.

Daniel M. Kirwan, Deputy Defender, Rita K. Peterson, Asst. Defender, Office of the State Appellate Defender, Mount Vernon, for defendant-appellee.

Justice LEWIS delivered the opinion of the court:

The State had charged the defendant, Elisa Smith, with reckless homicide (Ill. Rev.Stat.1989, ch. 38, par. 9-3(a)). The circuit court subsequently granted the defendant's petition for discharge for violating her right to a speedy trial. The State filed a motion for rehearing, and following a hearing, the circuit court upheld its original ruling dismissing the charges against the defendant. The State appeals, contending...

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