People v. Flatt

Defendant Andrew Flatt was indicted for burglary and felony theft under $300. A jury only convicted him of theft. He was sentenced to 21/2 years in the penitentiary. He appeals, claiming that his conviction should be reduced to a misdemeanor. We affirm.

Defendant had been previously convicted of theft. This formed the basis of the felony enhancement. The parties and the court agreed that to inform the jury of defendant’s prior conviction would be too prejudicial. Thus, the jury never heard of his earlier conviction. Defendant did, however, admit to the conviction at the sentencing hearing.

Defen…