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PEOPLE v. SMITH

No. 4-97-0079.

694 N.E.2d 681 (1998)

296 Ill. App.3d 435

230 Ill.Dec. 712

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

Appellate Court of Illinois, Fourth District.

Decided May 4, 1998.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Elizabeth D. Caddick, Assistant Defender, Office of the State Appellate Defender, Springfield, Jenifer Johnson (argued), Mount Morris, for Dee M. Smith.

Patrick W. Kelley, State's Attorney, Springfield, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Perry L. Miller, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for People.

Justice McCULLOUGH delivered the opinion of the court:

Following a jury trial in the circuit court of Sangamon County, defendant Dee M. Smith was found guilty of aggravated battery. 720 ILCS 5/12-4(b)(8) (West 1994). She was sentenced to 24 months' probation. The issues are whether (1) defendant was denied effective assistance of counsel and due process because the defense trial counsel failed to request and the trial court failed to order a fitness hearing even though...

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