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PEOPLE v. SMITH

No. 3-91-0052.

580 N.E.2d 918 (1991)

220 Ill. App.3d 76

162 Ill.Dec. 735

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

Appellate Court of Illinois, Third District.

October 16, 1991.

Attorney(s) appearing for the Case

Mark D. Fisher, Office of State Appellate Defender, Ottawa, James Burns, Kankakee, for Scott Smith.

Rita Kennedy Mertel, State's Attys. Appellate Prosecutor, Ottawa, William Herzog, State's Atty., Kankakee County Court-house, Kankakee, John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, for the People.

Justice SLATER delivered the opinion of the court:

The trial court convicted the defendant, Scott Smith, of burglary (Ill.Rev.Stat.1989, ch. 38, par. 19-1(a)) and sentenced him to five years' imprisonment. The defendant appeals.

The defendant's trial was set to begin on December 7, 1990. That day, before the trial commenced, the defendant moved for a continuance. He requested the continuance because minutes earlier the State had given him a copy of a statement...

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