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PEOPLE v. SMITH

No. 66001.

565 N.E.2d 900 (1990)

141 Ill.2d 40

152 Ill.Dec. 218

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

Supreme Court of Illinois.

Rehearing Denied February 4, 1991.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender, Chicago (Ronald P. Alwin, Asst. Public Defender, of counsel), for appellant.

Neil F. Hartigan, Atty. Gen., Springfield, and Cecil A. Partee and Jack O'Malley, State's Attys., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee G. Goldfarb, Asst. State's Atty., and Jean T. McGuire, Sp. Asst. State's Atty., of counsel), for the People.

Justice RYAN delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Steven Smith, was convicted of the murder of Virdeen Willis, Jr. The State, seeking the death penalty, moved for a separate sentencing hearing. Defendant waived his right to a jury for the sentencing phase of the proceedings. The trial court found the existence of a statutory aggravating factor (Ill. Rev.Stat.1985, ch. 38, par. 9-1(b)(3)) and determined...

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