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Fourth Division
June 30, 2010

No. 1-07-2101
THE PEOPLE OF THE STATE OF ILLINOIS,  )  Appeal from the  
)  Circuit Court of  
Plaintiff-Appellee,  )  Cook County.  
)  
v.  )  04 CR 26287  
)  
RODERICK SMITH,  )  Honorable  
)  William G. Lacy,  
Defendant-Appellant.  )  Judge Presiding.  

JUSTICE NEVILLE delivered the opinion of the court:
Roderick Smith, the defendant, was found guilty by a jury of the attempted murder of a peace officer and of aggravated battery of a peace officer.  On appeal, defendant challenges only the attempted murder conviction.  He argues: (1) prosecutorial comments in closing argument deprived him of a fair trial; (2) the court should have instructed the jury on the lesser-included offense of reckless conduct; and (3) the prosecution did not prove intent to murder.  We reverse the attempted murder conviction because the State violated the defendant's right to a fair trial when the prosecutor shifted the burden of proof, during her closing argument, by making repeated comments about the defendant's decision not to testify at his trial.
BACKGROUND In the course of an ongoing investigation into defendant

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