State v. Warren

Karpinski, Judge.

Defendant appeals from the judgment of the trial court finding him guilty of theft. On appeal, defendant argues that (1) the indictment failed to charge the prior theft conviction as an element, (2) the court erred by not having the jury render a verdict on whether defendant had a prior conviction, (3) the court erred by giving defendant a harsher sentence because he exercised his right to trial, and (4) defendant’s trial counsel was ineffective for not objecting to the trial court’s instruction to the jury. Having found merit in the claim that the trial court improperly…