People v. Baldasar

Defendant, Thomas O. Baldasar, after trial by jury, was convicted of theft of property not exceeding *150 in value, as a second offense, a Class 4 felony (Ill. Rev. Stat. 1973, ch. 38, pars. 16—1(a)(1), 16—1(e)(1)) and was sentenced to a term of one to three years in the penitentiary.

The primary issue on this appeal is whether defendant’s prior, uncounseled misdemeanor theft conviction could constitutionally be considered so as to'elevate the present misdemeanor theft offense to a felony thereby increasing the possible penalty which might be imposed upon conviction. Defendant contends the holding…