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PEOPLE v. SMITH

No. 2-92-0017.

619 N.E.2d 799 (1993)

249 Ill. App.3d 460

189 Ill.Dec. 98

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

Appellate Court of Illinois, Second District.

August 18, 1993.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Thomas A. Lilien, Asst. Defender, Office of State Appellate Defenders, Elgin, for Stuart Smith.

David R. Akemann, Kane County State's Atty., Geneva, William L. Browers, Deputy Director, Martin P. Moltz, State's Atty. Appellate Prosecutors, Elgin, for the People.

Presiding Justice INGLIS delivered the opinion of the court:

Defendant, Stuart I. Smith, was convicted after a bench trial in the circuit court of Kane County of one count of burglary (Ill. Rev.Stat.1989, ch. 38, par. 19-1 (now 720 ILCS 5/19-1 (West 1992))). He was sentenced to an extended term of 10 years' imprisonment, and he thereafter filed a timely appeal. In this court, defendant argues (1) that the trial judge erred to defendant's prejudice by denying him the...

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