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PEOPLE v. FLATT

No. 3-84-0775.

136 Ill. App.3d 881 (1985)

483 N.E.2d 1304

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANDREW W. FLATT, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed September 20, 1985.

Attorney(s) appearing for the Case

Robert Agostinelli and Stephen Omolecki, both of State Appellate Defender's Office, of Ottawa, for appellant.

John A. Barra, State's Attorney, of Peoria (John X. Breslin and Raymond L. Beck, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE WOMBACHER delivered the opinion of the court:

Defendant Andrew Flatt was indicted for burglary and felony theft under $300. A jury only convicted him of theft. He was sentenced to 2 1/2 years in the penitentiary. He appeals, claiming that his conviction should be reduced to a misdemeanor. We affirm.

Defendant had been previously convicted of theft. This formed the basis of the felony enhancement. The parties and the court...

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