People v. Jennings

On November 30, 1987, defendant Hubert Leron Jennings was charged by information with the offense of retail theft (Ill. Rev. Stat. 1985, ch. 38, par. 16A — 3(a)). The indictment further alleged defendant had been previously convicted of the offense of retail theft. The State did not present evidence of defendant’s prior conviction during the jury trial on April 20, 1988. Defendant requested a directed verdict for the State’s omission. The circuit court of Macon County refused on the authority of the amended retail theft statute, effective January 1, 1988, which declares that proof of a prior…