People v. McCarty

This is a consolidated appeal from a decision of the appellate court reversing the revocation of defendant Larry McCarty’s probation by the circuit court of Kankakee County.

In December 1978 defendant was charged with felony theft and tampering with a motor vehicle in connection with allegations that he stole an automobile battery. The theft of the battery would ordinarily have been a Class A misdemeanor only (Ill. Rev. Stat. 1977, ch. 38, par. 16 — 1(e)(1)), but the information charged defendant with Class 4 felony theft based on the theft statute’s recidivist provision (Ill. Rev. Stat. 1977,…