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PEOPLE v. SMITH

No. 1-04-1289.

847 N.E.2d 865 (2006)

365 Ill. App.3d 356

301 Ill.Dec. 855

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

Appellate Court of Illinois, First District, Fifth Division.

March 31, 2006.

Attorney(s) appearing for the Case

Michael J. Pelletier of the Office of the State Appellate Defender, Chicago (Elizabeth Monkus and Tomas G. Gonzalez, of counsel), for Appellant.

Richard A. Devine, Cook County State's Attorney, Chicago (James E. Fitzgerald, Veronica Calderon Malavia, Sally Dilgart and Ramune Rita Kelecius, of counsel), for Appellee.

Justice FROSSARD delivered the opinion of the court:

Defendant Kenneth Smith pleaded guilty to first degree murder and was sentenced to 25 years in prison. On appeal, defendant contends that his right to counsel was violated when the trial court heard his pro se motion to vacate his guilty plea without determining whether he desired counsel and without securing a waiver of that right. Defendant further contends that the compulsory extraction of his blood and...

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