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PEOPLE v. BALDASAR

No. 76-535.

52 Ill. App.3d 305 (1977)

367 N.E.2d 459

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS BALDASAR, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed August 30, 1977.

Attorney(s) appearing for the Case

Ralph Ruebner, Peter B. Nolte, and Michael Mulder, all of State Appellate Defender's Office, of Elgin, for appellant.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Phyllis J. Perko and Robert J. Anderson, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE NASH delivered the opinion of the court:

Defendant, Thomas O. Baldasar, after trial by jury, was convicted of theft of property not exceeding $150 in value, as a second offense, a Class 4 felony (Ill. Rev. Stat. 1973, ch. 38, pars. 16-1(a)(1), 16-1(e)(1)) and was sentenced to a term of one to three years in the penitentiary.

• 1 The primary issue on this appeal is whether defendant's prior, uncounseled misdemeanor...

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