People v. Kimble

Defendant, Anthony Kimble, was charged by information with the offense of robbery. (Ill. Rev. Stat. 1977, ch. 38, par. 18 — 1.) In a bench trial, he was found guilty of theft and was sentenced to one year probation. We reverse.

The issue in this case is whether defendant can be convicted of theft if the information only charges him with the offense of robbery. In deciding this question, we first note that there is a divergence of authority as to whether theft is an included offense of robbery. Cases which hold that theft is not an included offense of robbery include People v. Baker (1979), 72…