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PEOPLE v. DICOSTANZO

No. 1-98-1733.

710 N.E.2d 173 (1999)

304 Ill. App.3d 646

237 Ill.Dec. 750

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Sammy DICOSTANZO, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

March 31, 1999.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney (Renee Goldfarb, Janet Powers Doyle, Lisa Preston, Assistant State's Attorneys, of counsel), for Appellant.

Rita A. Fry, Public Defender of Cook County (Pamela Leeming, Assistant Public Defender, of counsel), for Appellee.

Presiding Justice GORDON delivered the opinion of the court:

The defendant, Sammy Dicostanzo, was arrested for the offense of misdemeanor retail theft (720 ILCS 5/16A-3, 16A-10(1) (West 1996)). He was charged with the enhanced offense of felony retail theft under section 16A-10(2) of the Criminal Code of 1961 (720 ILCS 5/16A-10(2) (West 1996)) based upon his prior conviction for attempt burglary. The defendant moved to dismiss the charge of felony retail theft arguing...

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