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PEOPLE v. SMITH

No. 5-91-0707.

610 N.E.2d 829 (1993)

242 Ill. App.3d 555

182 Ill.Dec. 960

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

Appellate Court of Illinois, Fifth District.

March 30, 1993.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Michelle A. Zalisko, Asst. Defender, Office of the State Appellate Defender, Fifth Judicial Dist., Mt. Vernon, for defendant-appellant.

Barry Vaughan, State's Atty., Fairfield, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Mitchell, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice GOLDENHERSH delivered the opinion of the court:

After a jury trial, defendant, Roger D. Smith, was found guilty of two counts of aggravated criminal sexual abuse (Ill.Rev. Stat.1989, ch. 38, pars. 12-16(b), 12-16(c)(1)(i)) and sentenced to four years in the Department of Corrections. In this cause, defendant raises four issues: (1) whether defendant was proven guilty beyond a reasonable doubt, (2) whether defendant was denied effective assistance of counsel...

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