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PEOPLE v. SMITH

Nos. 2-02-0910, 2-02-0909.

802 N.E.2d 876 (2004)

345 Ill. App.3d 179

280 Ill.Dec. 625

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Paul A. SMITH, Defendant-Appellant. The People of the State of Illinois, Plaintiff-Appellee, v. George Nelson, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 9, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Bruce Kirkham (Court-appointed), Office of the State Appellate Defender, Elgin, for Paul A. Smith.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, Trent M. Marshall, State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People.

G. Joseph Weller, Deputy Defender, and Bruce Kirkham (Court-appointed), Office of the State Appellate Defender, Elgin, for George Nelson.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, Kendra S. Peterson, Trent M. Marshall, State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People.

Justice GILLERAN JOHNSON delivered the opinion of the court:

In case No. 01-CF-3030, the defendant, Paul Smith, was convicted of aggravated driving while license revoked (DWLR) (625 ILCS 5/6-303(a), (d) (West 2000)), a Class 4 felony. Smith was sentenced to 60 days' imprisonment in the Du Page County jail and two years' probation. On appeal, Smith argues that, in sentencing him as a Class 4 felony DWLR offender, the trial court improperly considered a prior conviction...

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