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PEOPLE v. SMITH

No. 1-02-1931.

841 N.E.2d 489 (2005)

362 Ill. App.3d 1062

299 Ill.Dec. 77

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

Appellate Court of Illinois, First District, Fourth Division.

December 15, 2005.

Attorney(s) appearing for the Case

Office of the State Appellate Defender, Chicago (Michael J. Pelletier, Deputy Director, and Samuel Algozin, Assistant Appellate Defender, of counsel), for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Kathryn Schierl and Amy Watroba Kern, Assistant State's Attorneys, of counsel), for Appellee.

Presiding Justice QUINN delivered the opinion of the court:

Defendant Antoine Smith was charged with three counts of first degree murder (720 ILCS 5/9-1(a)(1) through (a)(3) (West 2000)), as well as attempted armed robbery (720 ILCS 5/8-4, 18-2 (West 2000)), in connection with a botched robbery at the Citgo gas station on Green Bay Road in Evanston, Illinois. During the attempted armed robbery, the cashier, James Pappas, was killed. After a jury trial, defendant was...

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