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PEOPLE v. SMITH

No. 3-92-0752.

637 N.E.2d 1128 (1994)

264 Ill.App.3d 82

202 Ill.Dec. 392

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

Appellate Court of Illinois, Third District.

Rehearing Denied August 9, 1994.

Attorney(s) appearing for the Case

Joseph N. Ehmann (argued), Office of the State Appellate Defender, Ottawa, for Kerwin Smith.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, Gary F. Gnidovec (argued), State's Attys. Appellate Prosecutor, Ottawa, for the People.

Justice STOUDER delivered the opinion of the court:

The defendant, Kerwin Smith, was charged by indictment with burglary (720 ILCS 5/19-1 (West 1992)) and retail theft (720 ILCS 5/16A-3(a) (West 1992)). Following a jury trial, the jury found the defendant guilty on both counts. The trial court sentenced the defendant to 10 years in prison on the burglary offense and to a six-year extended-term sentence for the retail theft offense. We affirm as modified.

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