People v. Smith

Defendant, Lynda Smith, was an inmate at Dwight Correctional Center. The State charged her with aggravated battery (720 ILCS 5/12 — 4(b)(6) (West 2000)) in that she “threw a liquid substance upon Randall Toliver, knowing [him] to be a correctional institutional employee who was engaged in the execution of his official duties.” Smith waived a jury. After a bench trial, the trial court found Smith guilty of aggravated battery but also found that Toliver had “provoked” her. Although the trial court did not deem the provocation to be a defense to the aggravated battery, it took the provocation…