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PEOPLE v. SMITH

No. 1-02-1931.

826 N.E.2d 1225 (2005)

357 Ill. App.3d 73

292 Ill.Dec. 789

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

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied May 6, 2005.

Attorney(s) appearing for the Case

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

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 convicted...

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