People v. Fleming

Defendant was indicted on two counts of theft, each involving property which exceeded $150 in value. In a jury trial he was found guilty on both counts and after a hearing in aggravation and mitigation, was sentenced to serve concurrent terms of eight to ten years. On appeal he contends: (1) the two counts should not have been joined for trial, (2) there was a material and prejudicial variance between the indictment and the evidence presented at the trial, and (3) the trial court abused its discretion in admitting into evidence certain rebuttal testimony by the State. Prior to trial the…