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PEOPLE v. SMITH

No. 1-98-3246.

747 N.E.2d 1081 (2001)

321 Ill. App.3d 523

254 Ill.Dec. 669

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

Appellate Court of Illinois, First District, Second Division.

March 30, 2001.

Attorney(s) appearing for the Case

Office of the State Appellate Defender, Michael J. Pelletier, Deputy Defender, Michael C. Bennett, Assistant Appellate Defender, Chicago, for Appellant.

Richard A. Devine, Cook County State's Attorney (Renee Goldfarb, Mary L. Boland, Suzanne T. Collins, Assistant State's Attorneys, of counsel), Chicago, for Appellee.

Justice McBRIDE delivered the opinion of the court:

Following a jury trial on remand from this court, defendant-appellant, Jeffrey Smith, was found guilty of attempted murder and was sentenced to 30 years' imprisonment on June 25, 1998. Defendant appeals the verdict contending that the trial court denied him his due process right to be present when the court responded to a note the jury sent out during deliberations. Further, defendant claims that the trial court...

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