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PEOPLE v. SMITH

No. 119659.

2016 IL 119659

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MATTHEW SMITH, Appellee.

Supreme Court of Illinois.

Filed December 30, 2016.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, of Springfield, and Seth Uphoff, State's Attorney, of Pontiac (Carolyn E. Shapiro, Solicitor General, and Michael M. Glick and Jason F. Krigel, Assistant Attorneys General, and Patrick Delfino, David J. Robinson, and Luke McNeill, of the Office of the State's Attorneys Appellate Prosecutor, of counsel), for the People.

Steven F. Pflaum and Andrew G. May, of Neal, Gerber & Eisenberg LLP, of Chicago, for appellee.

Justice Freeman dissented, with opinion, joined by Justice Burke.

OPINION

¶ 1 Defendant, Matthew Smith, was charged by indictment with aggravated battery of a corrections officer, a Class 2 felony (720 ILCS 5/12-3.05(d)(4)(i), (h) (West 2010)). Following a jury trial in the Livingston County circuit court, defendant was found guilty...

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