People v. Jones

PRESIDING JUSTICE RARICK,

dissenting:

I respectfully dissent from the majority’s finding that the defendant was improperly convicted of theft.

As noted in the majority opinion, there is a split of authority in Illinois as to whether or not theft is a lesser-included offense of robbery. I believe that for the reasons which follow, the trial court correctly found that although the charge of armed robbery could not be upheld because of a lack of evidence of a weapon and use of force, a conviction of theft from a person, which had not been specifically charged, was nonetheless proper.

The reasoning…