People v. Price

Following a jury trial, defendant was convicted of retail theft (Ill. Rev. Stat. 1981, ch. 38, pars. 16A—3(a), 16A—10(2)). Subsequently, he was sentenced to a term of three years’ incarceration. On appeal, the issue is whether, in order to obtain the enhanced penalty contained in section 16A—10(2), the State, in presenting its case to the trier of fact, must prove that the alleged offense was a second or subsequent offense of retail theft.

A summary of the evidence presented at trial is as follows: On November 12, 1982, two security officers employed at Carson Pirie Scott & Company, located at…