People v. Shoemaker

The defendant, Lonnie Shoemaker, was indicted for burglary in St. Clair County. After a bench trial, he was found guilty of theft and sentenced to a term of 1 year imprisonment. On appeal defendant alleges solely that his acquittal of burglary precluded conviction of theft since theft is not an included offense of burglary. The People have confessed error to the defendant’s argument. We accept the People’s confession of error and are also of the opinion that a defendant charged with burglary in a single count indictment cannot be convicted of theft, under that indictment.

The pertinent…