People v. Rogers

This case presents the question of whether a prior violation of a municipal theft ordinance may enhance the degree of a theft offense from a misdemeanor to a felony under the Illinois Criminal Code of 1961. Ill. Rev. Stat. 1977, ch. 38, par. 16 — 1(e)(1).

The trial court said, “no” and we agree.

The People filed an information which, in substance, charged the defendant with the commission of theft as a Class 4 felony. (Ill. Rev. Stat. 1977, ch. 38, par. 16 — 1(e)(1).) The information alleged that defendant knowingly exerted unauthorized control over the property of M.A.S. Sales, Ltd., namely, a…