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PEOPLE v. SMITH

No. 5-86-0822.

162 Ill. App.3d 739 (1987)

516 N.E.2d 335

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GROVER SMITH, SR., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Supplemental opinion filed on denial of rehearing December 10, 1987.

Attorney(s) appearing for the Case

Daniel M. Kirwan and Dan W. Evers, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

John R. Clemons, State's Attorney, of Murphysboro (Kenneth R. Boyle, Stephen E. Norris, and Debra A. Buchman, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

Defendant, Grover Smith, Sr., was convicted of violating section 6-303(d) of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-303(d)) and sentenced to 23 months' imprisonment after trial by jury in the circuit court of Jackson County.

Section 6-303(d) provides that any person convicted of a second or subsequent violation of section 6-303 (driving...

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