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PEOPLE v. SMITH

No. 1-92-0133.

653 N.E.2d 944 (1995)

274 Ill.App.3d 84

210 Ill.Dec. 749

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tyrone SMITH, a/k/a Tyrone Dougherty, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

July 24, 1995.

Attorney(s) appearing for the Case

Michael Pelletier, Deputy Defender, Office of the State Appellate Defender, Chicago (Ann C. McCallister, Asst. Appellate Defender, of counsel), for appellant.

Jack O'Malley, Cook County State's Atty., Chicago (Renee Goldfarb, James Fitzgerald, Gunta Z. Hadac, Asst. State's Attys., of counsel), for appellee.

Justice BUCKLEY delivered the opinion of the court:

Defendant was charged with two counts of armed robbery and unlawful use of a firearm by a felon. The State nol-prossed the unlawful use charge. Defendant was found guilty in November 1988, but granted a new trial based on the unconstitutionality of the statute allowing the State to demand a jury trial. Defendant was tried a second time in December 1990. The trial court declared a mistrial after the jury was unable...

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