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PEOPLE v. SHOEMAKER

No. 75-12.

31 Ill. App.3d 724 (1975)

334 N.E.2d 347

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LONNIE LEE SHOEMAKER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

September 2, 1975.

Attorney(s) appearing for the Case

Stephen P. Hurley and John H. Reid, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Robert H. Rice, State's Attorney, of Belleville (Bruce D. Irish, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE KARNS delivered the opinion of the court:

The defendant, Lonnie Shoemaker, was indicted for burglary in St. Clair County. After a bench trial, he was found guilty of theft and sentenced to a term of 1 year imprisonment. On appeal defendant alleges solely that his acquittal of burglary precluded conviction of theft since theft is not an included offense of burglary. The People have confessed error to the defendant's argument....

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