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PEOPLE v. RIVERS

No. 1-88-1073.

194 Ill. App.3d 193 (1990)

550 N.E.2d 1179

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES RIVERS, Defendant-Appellant.

Appellate Court of Illinois — First District (6th Division).

Opinion filed January 26, 1990.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender, of Chicago (Evelyn G. Baniewicz and Ronald P. Alwin, Assistant Public Defenders, of counsel), for appellant.

Cecil A. Partee, State's Attorney, of Chicago (Inge Fryklund, Kenneth T. McCurry, and Martin A. Dolan, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE McNAMARA delivered the opinion of the court:

Defendant, James Rivers, was charged with robbery and aggravated battery. Following a trial without a jury, he was found guilty of theft and sentenced to a term of two years' imprisonment. On appeal, defendant contends that the conviction for theft is void because he was not charged with that offense, and theft is not a lesser included offense of robbery. In view of the issue presented...

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