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PEOPLE v. KIMBLE

No. 79-206.

90 Ill. App.3d 999 (1980)

414 N.E.2d 135

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTHONY KIMBLE, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed November 26, 1980.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago, and Thomas W. Giger, law student (James L. Rhodes, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, James S. Veldman, and Mark F. Schroeder, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE RIZZI delivered the opinion of the court:

Defendant, Anthony Kimble, was charged by information with the offense of robbery. (Ill. Rev. Stat. 1977, ch. 38, par. 18-1.) In a bench trial, he was found guilty of theft and was sentenced to one year probation. We reverse.

The issue in this case is whether defendant can be convicted of theft if the information only charges him with the offense of robbery. In deciding this question...

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