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PEOPLE v. SMITH

No. 108297.

923 N.E.2d 259 (2010)

236 Ill.2d 162

The PEOPLE of the State of Illinois, Appellee, v. Miles SMITH, Appellant.

Supreme Court of Illinois.

January 22, 2010.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender, Patricia Unsinn, Deputy Defender, and Caroline Ellis Bourland, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellant.

Lisa Madigan, Attorney General, Springfield, Anita Alvarez, State's Attorney, Chicago (James E. Fitzgerald, Mary Needham and Janet C. Mahoney, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice THOMAS delivered the judgment of the court, with opinion.

At issue is whether a State's Attorney may recover a statutory preliminary examination fee (55 ILCS 5/4-2002.1(a) (West 2008)) when a defendant receives a bail hearing but not a hearing to determine probable cause. We hold that the preliminary examination fee is available only when there has been a probable cause hearing.

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