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PEOPLE v. SMITH

No. 77695.

680 N.E.2d 291 (1997)

176 Ill.2d 217

223 Ill.Dec. 558

The PEOPLE of the State of Illinois, Appellee, v. David SMITH, Appellant.

Supreme Court of Illinois.

Rehearing Denied June 2, 1997.

Attorney(s) appearing for the Case

Cook County Public Defender, Hugh Stevens, Assistant Public Defender, Chicago, for David Smith.

Jim Ryan, Attorney General, Criminal Appeals Division, Richard A. Divine, State's Attorney Cook County, Chicago, for People.

Justice HARRISON delivered the opinion of the court:

Defendant, David Smith, was convicted following a jury trial in the Cook County circuit court of first degree murder, aggravated criminal sexual assault and home invasion arising from the March 17, 1987, stabbing death of Lisa Ferguson. At a separate sentencing hearing, the same jury found defendant eligible for the death penalty and found that there were no factors in mitigation sufficient to preclude imposition...

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