PEOPLE v. RISCH-DEFINA

No. 2-94-1210.

671 N.E.2d 387 (1996)

284 Ill. App.3d 1

219 Ill.Dec. 473

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jason RISCH-DEFINA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 4, 1996.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Kathleen J. Hamill, and Paul J. Glaser, Office of State Appellate Defender, Elgin, for Jason F. Risch-Defina.

Michael J. Waller, Lake County State's Attorney, Waukegan, William L. Browers, Deputy Director, and Mary Beth Burns, State's Attorney Appellate Prosecutors, Elgin, for the People of the State of Ill.


Justice INGLIS delivered the opinion of the court:

Defendant, Jason Risch-Defina, appeals the trial court's order enhancing his conviction of theft of a firearm (720 ILCS 5/16-1(a)(4)(A) (West 1994)) to a Class 3 felony. The issue on appeal is whether the trial court erred in considering evidence of a prior theft of a firearm for which defendant was not convicted as a factor to enhance the offense to a Class 3 felony. We vacate the sentence and remand.

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