PEOPLE v. HAYES

No. 79-212.

90 Ill. App.3d 102 (1980)

412 N.E.2d 1109

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MARLA B. HAYES, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed November 12, 1980.


Attorney(s) appearing for the Case

John H. Reid and John W. McGuire, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

K. Rick Keller, State's Attorney, of Effingham (Martin N. Ashley and Gaye A. Bergschneider, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Reversed and remanded.

Mr. JUSTICE KARNS delivered the opinion of the court:

Marla Hayes was charged by information with retail theft of less than $150, in violation of section 16A-3(a) of the Criminal Code (Ill. Rev. Stat. 1979, ch. 38, par. 16A-3(a)). The information did not allege that defendant had a prior conviction for retail theft or theft and did not specify whether the instant charge was a felony or a misdemeanor. It is uncontroverted, however, that...

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