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PEOPLE v. SMITH

No. 87103.

732 N.E.2d 513 (2000)

191 Ill.2d 408

247 Ill.Dec. 458

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

Supreme Court of Illinois.

Rehearing Denied July 3, 2000.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, and Peter A. Carusona and Donna K. Kelly, Assistant Defenders, of the Office of the State Appellate Defender, of Ottawa, for Appellant.

James E. Ryan, Attorney General, of Springfield, and Michael Kick, State's Attorney, of Kankakee (Joel D. Bertocchi, Solicitor General, and William L. Browers and Russell K. Benton, Assistant Attorneys General, of Chicago, of counsel), for the People.

Justice HEIPLE delivered the opinion of the court:

Defendant Earl Smith appeals his conviction for armed violence. For the following reasons, we reverse the conviction and remand for further proceedings.

At trial in the circuit court of Kankakee County, police officers testified that they executed a search warrant at defendant's apartment on June 22, 1994. As police approached the apartment building, they saw defendant drop a handgun out of the apartment window...

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