PEOPLE v. SPEARMAN

No. 82-46.

108 Ill. App.3d 237 (1982)

438 N.E.2d 1320

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FLETCHER SPEARMAN, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed July 30, 1982.


Attorney(s) appearing for the Case

Robert Agostinelli and Verlin R.F. Meinz, both of State Appellate Defender's Office, of Ottawa, for appellant.

L. Patrick Power, State's Attorney, of Kankakee (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Judgment affirmed, sentence vacated and cause remanded.

JUSTICE SCOTT delivered the opinion of the court:

An indictment filed in the circuit court of Kankakee County charged the defendant, Fletcher Spearman, with the offense of retail theft. He stood accused of taking three steaks, worth $14.13, from a Kankakee food store. Ordinarily, such conduct would have constituted a Class A misdemeanor (Ill. Rev. Stat. 1979, ch. 38, par. 16A-10(1)), but because the defendant...

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