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PEOPLE v. SMITH

No. 1-89-3178.

612 N.E.2d 57 (1993)

243 Ill. App.3d 358

183 Ill.Dec. 800

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kevin SMITH, a/k/a Darryl Williamson, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

February 26, 1993.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County (Kim L. Sorrells, and Donald S. Honchell, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty. of Cook County (Renee Goldfarb, William D. Carroll and Michael J. Pugh, of counsel), for plaintiff-appellee.

Justice McNULTY delivered the opinion of the court:

After a jury trial, defendant Kevin Smith was found guilty of first-degree murder and armed robbery and was sentenced to concurrent terms of natural life for the murder and 30 years for the armed robbery. On appeal, defendant contends that the trial court abused its discretion in refusing to instruct the jury on the offense of second-degree murder and that the trial court abused its sentencing discretion.

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