People v. Smith

Defendant was charged with two counts of armed robbery and unlawful use of a firearm by a felon. The State nol-prossed the unlawful use charge. Defendant was found guilty in November 1988, but granted a new trial based on the unconstitutionality of the statute allowing the State to demand a jury trial. Defendant was tried a second time in December 1990. The trial court declared a mistrial after the jury was unable to return a verdict. Defendant was tried for a third time in November 1991 and found guilty. Prior to the first trial, defendant’s motion to suppress pretrial identification was…