Baldasar v. Illinois

In Scott v. Illinois, 440 U. S. 367 (1979), the Court held that an uncounseled misdemeanor conviction is constitutionally valid if the offender is not incarcerated. This case presents the question whether such a conviction may be used under an enhanced penalty statute to convert a subsequent misdemeanor into a felony with a prison term.

*223Under Illinois law, theft “not from the person” of property worth less than $150 is a misdemeanor punishable by not more than a year of imprisonment and a fine of not more than $1,000. Ill. Rey. Stat., ch. 38, §§ 16-1 (e)(1), 1005-8-3 (a) (1), 1005-9-1 (a)(2)…