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PEOPLE v. MARTIN

No. 80-11.

97 Ill. App.3d 704 (1981)

423 N.E.2d 493

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LEONDUS MARTIN, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed June 24, 1981.

Attorney(s) appearing for the Case

Mary Robinson and John J. Barrett, both of State Appellate Defender's Office, of Elgin, for appellant.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Phyllis J. Perko and Marshall Stevens, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment modified and cause remanded.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The defendant was convicted of the offense of retail theft not exceeding $150 in value. (Ill. Rev. Stat. 1977, ch. 38, par. 16A-3(a).) He was sentenced to three years in prison for a class 4 felony based on a prior conviction. (Ill. Rev. Stat. 1977, ch. 38, par. 16A-10(2).) He appeals, contending that the prior conviction was not proved and that the offense...

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