People v. Davis

Defendant, Bernard Davis, was charged by information with residential burglary and felony theft. During trial on these charges, defendant’s counsel requested and received a jury instruction on misdemeanor theft. The jury subsequently returned a verdict of guilty on misdemeanor theft but not guilty on residential burglary and felony theft. After the jury was discharged, the State gave defendant notice of its intention to enhance the misdemeanor theft to a Class 4 felony on the basis of a prior theft conviction. (See Ill. Rev. Stat. 1983, ch. 38, par. 16 — 1(e)(1).) Defense counsel’s timely…