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PEOPLE v. SMITH

No. 4-99-0870.

734 N.E.2d 104 (2000)

314 Ill. App.3d 1111

248 Ill.Dec. 396

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

Appellate Court of Illinois, Fourth District.

July 21, 2000.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Karen Munoz, Assistant Defender, Office of State Appellate Defender, Springfield, for John D. Smith.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice McCULLOUGH delivered the opinion of the court:

Defendant John D. Smith appeals from the order of the circuit court of Champaign County dismissing as frivolous and patently without merit his petition for relief pursuant to the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 1998)). On March 7, 1991, this court affirmed defendant's convictions for three counts of aggravated criminal sexual assault, home

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