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PEOPLE v. SMITH

No. 4-06-0274.

904 N.E.2d 67 (2008)

383 Ill. App.3d 791

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

Appellate Court of Illinois, Fourth District.

As Modified Upon Denial of Rehearing July 28, 2008.

Attorney(s) appearing for the Case

Gary R. Peterson ad Colleen Morgan, both of the State Appellate Defender's Office, Springfield, for appellant.

Julia Rietz, State's Attorney, Urbana (Norbert J. Goetten, Robert J. Biderman, and Aimee Sipes Johnson, all of State's Attorney's Appellate Prosecutor's Office, of counsel), for the People.

MODIFIED UPON DENIAL OF REHEARING

Justice TURNER delivered the opinion of the court:

The Supreme Court of Illinois has remanded this cause to our court to address a jurisdictional question it raised with regard to defendant's notice of appeal. We address the supreme court's question and vacate our March 13, 2007, opinion.

I. BACKGROUND

On November 10, 2004, pursuant to a plea agreement, defendant, Edward J. Smith, pleaded guilty to possession...

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