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PEOPLE v. PRICE

No. 83-1792.

127 Ill. App.3d 1 (1984)

468 N.E.2d 412

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HERMAN E. PRICE, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed August 15, 1984.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Jeffrey M. Howard and Frank P. Madea, Assistant Public Defenders, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Jeanette Sublett, and David A. Izzo, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE McGILLICUDDY delivered the opinion of the court:

Following a jury trial, defendant was convicted of retail theft (Ill. Rev. Stat. 1981, ch. 38, pars. 16A-3(a), 16A-10(2)). Subsequently, he was sentenced to a term of three years' incarceration. On appeal, the issue is whether, in order to obtain the enhanced penalty contained in section 16A-10(2), the State, in presenting its case to the trier of fact, must prove that the alleged...

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