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PEOPLE v. SMITH

No. 4-02-0075.

794 N.E.2d 408 (2003)

342 Ill. App.3d 289

276 Ill.Dec. 513

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

Appellate Court of Illinois, Fourth District.

July 30, 2003.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (argued), Robert N. Markfield, Assistant Defender, Office of State Appellate Defender, Springfield, for Lynda Smith.

Thomas J. Brown, State's Attorney, Pontiac, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Attorney, State's Attorneys Appellate Prosecutor, for the People.

Justice APPLETON delivered the opinion of the court:

Defendant, Lynda Smith, was an inmate at Dwight Correctional Center. The State charged her with aggravated battery (720 ILCS 5/12-4(b)(6) (West 2000)) in that she "threw a liquid substance upon Randall Toliver, knowing [him] to be a correctional institutional employee who was engaged in the execution of his official duties." Smith waived a jury. After a bench trial, the trial court found Smith guilty of aggravated...

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