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People v. Smith

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eBook details

  • Title: People v. Smith
  • Author : Supreme Court of Illinois
  • Release Date : January 23, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

In each of two separate jury trials before different trial judges in the circuit court of Kankakee County, the defendant, Lee Arthur Smith, was convicted of robbery and intimidation. In the first case, which involved a Montgomery Ward (Ward) store, the defendant was sentenced to 6 to 20 years for robbery and to a concurrent sentence of 3 to 10 years for intimidation. In the second case, which involved a K Mart store, the defendant was sentenced to 6 2/3 to 20 years for robbery and to a concurrent term of 3 1/3 to 10 years for intimidation. In entering sentence in the K Mart case, the trial court directed that those sentences were to be served consecutively to the sentences entered in the Ward case. The appellate court affirmed both robbery convictions but vacated the intimidation convictions, holding that intimidation is a lesser included offense of robbery. (66 Ill. App.3d 957.) We granted the defendant leave to appeal. The defendant contends that (1) the offense of robbery was not established since there was no taking from the victim's person or presence; (2) the trial court, in the Ward case, improperly excluded the testimony of a defense witness, Randy Wicks, which testimony would have impeached the credibility of a State's witness, Glenn Dickerson; and (3) the trial court abused its discretion in ordering consecutive sentences for the two convictions.


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