CITATION: R. v. Smith, 2007 ONCA 22

DATE: 20070117

DOCKET: C43541

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and- KALITO SMITH (Appellant)

BEFORE:

LABROSSE, CRONK and ARMSTRONG JJ.A.

COUNSEL:

Sam Scratch

for the appellant

Joan Barrett

for the respondent

HEARD & ENDORSED:

January 16, 2007

On appeal from the conviction entered on March 7, 2005, and the sentence imposed on April 20, 2005, by Justice Tim Lipson of the Ontario Court of Justice.

A P P E A L B O O K E N D O R S E M E N T

[1] The appeal is allowed only in respect of the sentence, which is reduced to time served.

[2] Section 110 order to remain.