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  5. 898 N.E.2d 119 (2008)
 

PEOPLE v. SMITH

No. 5-07-0199.

898 N.E.2d 119 (2008)

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

Appellate Court of Illinois, Fifth District.

As Modified Upon Denial of Rehearing October 27, 2008.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Edwin J. Anderson, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, IL, for Appellant.

Charles Zalar, Special Prosecutor, Office of the State's Attorneys Appellate Prosecutor, Springfield, IL; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Peterson, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL; Ed Deters, State's Attorney, Effingham, IL, for Appellee.

Modified Upon Denial of Rehearing

Presiding Justice STEWART delivered the opinion of the court:

On December 11, 2003, the defendant, Tobby J. Smith, was charged with two counts of first-degree murder for the death of Ronald Hood. On February 22, 2005, pursuant to a fully negotiated plea, the defendant pled guilty to the charge of first-degree murder (720 ILCS 5/9-1(a)(2) (West 2004)) in return for the State dismissing all the other pending matters against...

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