PEOPLE v. SMITH

No. 1-93-0366.

628 N.E.2d 960 (1993)

257 Ill. App.3d 252

195 Ill.Dec. 496

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael SMITH a/k/a James Redmond, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

December 28, 1993.


Attorney(s) appearing for the Case

Rita A. Fry, Public Defender, Chicago (Suzanne Isaacson and Karen Tietz, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb and Michael Golden, of counsel), for plaintiff-appellee.


Justice HARTMAN delivered the opinion of the court:

Defendant, Michael Smith, appeals from his conviction of retail theft, challenging only his eligibility for an extended-term sentence. The issue raised by this appeal is whether the circuit court erred in sentencing defendant to an extended term where the offense already had been upgraded from a misdemeanor to a class 4 felony.

On August 25, 1992, defendant stole a white T-shirt, valued at $18, from the J...

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