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PEOPLE v. SMITH

Docket No. 2-12-1164.

999 N.E.2d 809 (2013)

2013 IL App (2d) 121164

376 Ill. Dec. 634

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

Appellate Court of Illinois, Second District.

November 20, 2013.

Attorney(s) appearing for the Case

Joseph H. McMahon , State's Attorney, of St. Charles ( Lawrence M. Bauer and Scott Jacobson , both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Michael J. Pelletier , Thomas A. Lilien , and Jamie L. Montgomery , all of State Appellate Defender's Office, of Elgin, for appellee.

OPINION

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

¶ 1 Defendant, George Smith, was charged by indictment with, inter alia, driving while his license was suspended (DWLS) (625 ILCS 5/6-303(a) (West 2012)). That offense was charged as a Class 2 felony pursuant to section 6-303(d-5) of the Illinois Vehicle Code (Code) (625 ILCS 5/6-303(d-5) (West 2012)). The State appeals from an order of the circuit court of Kane County...

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