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PEOPLE v. SMOLLEY

No. 3-05-0793.

873 N.E.2d 8 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Martize SMOLLEY, Defendant-Appellant.

Appellate Court of Illinois, Third District.

July 24, 2007.

Attorney(s) appearing for the Case

Kerry J. Bryson (argued) (Court-appointed), Ottawa, for Martize Smolley.

Lawrence M. Bauer, Deputy Director, Dawn D. Duffy (argued), State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, for the People.

Justice SCHMIDT delivered the opinion of the court:

At the conclusion of a bench trial, defendant, Martize Smolley, was convicted in the circuit court of Peoria County of two counts of felony murder in violation of section 9-1(a)(3) of the Criminal Code of 1961 (720 ILCS 5/9-1(a)(3)(West 2004)) for killing Kelly Houser and her daughter, Amy Allen. Defendant was also found guilty of unlawful possession of a firearm. Pursuant to section 5-8-1(a)(1)(c)(ii) of the Unified...

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