People v. Poe

Defendant, Steven Poe, was convicted of burglary (720 ILCS 5/19— 1(a) (West 2004)) and theft (720 ILCS 5/16 — 1(a)(1) (West 2004)) in the circuit court of Tazewell County. He was sentenced to 41/2 years’ incarceration on the burglary conviction and 3 years’ incarceration for the theft. This timely appeal followed defendant’s convictions. Defendant claims, on appeal, that his theft conviction must be vacated as theft is a lesser-included offense of the burglary for which he was charged.

BACKGROUND

On September 21, 2005, defendant was charged by information with theft. The information stated that…