People v. Komeshak

Defendant, Louis Komeshak, appeals from a conviction entered pursuant to a guilty plea to the charge of felony theft over *150. The court sentenced him to two to six years’ imprisonment. The defendant argues on appeal that his conviction must be reversed because it rests upon a burglary indictment which will not support a theft conviction since theft is not an included offense. The defendant further contends that his conviction must be reversed and the case remanded for a new plea because the State violated its promise to recommend probation.

The defendant was indicted for burglary in that he,…