People v. Melmuka

Defendant was charged by indictment with the offense of attempted burglary. After a bench trial in the circuit court of Cook County, he was found not guilty of attempted burglary, but found guilty of attempted theft (Ill. Rev. Stat. 1985, ch. 38, par. 8 — 4), and sentenced to five months’ incarceration. Defendant now appeals from that judgment, contending that his conviction must be reversed because attempted theft is not a lesser included offense of attempted burglary. Defendant argues that he cannot be convicted of attempted theft because he was not charged with that offense.

Defendant was…