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PEOPLE v. ROGERS

No. 79-193.

86 Ill. App.3d 1092 (1980)

408 N.E.2d 769

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JUDY KAYE ROGERS, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed August 4, 1980.

Attorney(s) appearing for the Case

Gene Armentrout, State's Attorney, of Geneva (Phyllis J. Perko and William L. Browers, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Mary Robinson and Josette Skelnik, both of State Appellate Defender's Office, of Elgin, for appellee.

Judgment affirmed.

Mr. JUSTICE VAN DEUSEN delivered the opinion of the court:

This case presents the question of whether a prior violation of a municipal theft ordinance may enhance the degree of a theft offense from a misdemeanor to a felony under the Illinois Criminal Code of 1961. Ill. Rev. Stat. 1977, ch. 38, par. 16-1(e)(1).

The trial court said, "no" and we agree.

The People filed an information which, in substance, charged the defendant...

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