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PEOPLE v. SMITH

No. 2-93-1167.

649 N.E.2d 71 (1995)

271 Ill.App.3d 763

208 Ill.Dec. 239

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

Appellate Court of Illinois, Second District.

April 13, 1995.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Kathleen J. Hamill, Office of State Appellate Defender, Elgin, for Charles Smith.

Paul A. Logli, Winnebago County State's Atty., Rockford, William L. Browers, Deputy Director, Martin P. Moltz, State's Atty. Appellate Prosecutor, Elgin, for People.

Justice THOMAS delivered the opinion of the court:

Defendant, Charles Smith, was convicted of robbery (Ill.Rev.Stat.1991, ch. 38, par. 18-1(a) (now 720 ILCS 5/18-1(a) (West Supp. 1993))) and sentenced to 10 years' imprisonment. On appeal, he requests that his conviction be reversed and the cause remanded for a new trial because the verdict was not unanimous.

The State adduced the following facts at trial. A man entered a fast-food restaurant by throwing a...

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