People v. Hicks

Following a jury trial in the circuit court of Montgomery County, defendant, Terry Hicks, was convicted of burglary (Ill. Rev. Stat. 1983, ch. 38, par. 19—1) and theft (Ill. Rev. Stat. 1983, ch. 38, par. 16—1) and sentenced to concurrent terms of five years on the burglary conviction and IVz years on the theft conviction. Defendant appealed alleging that proof of his prior theft was improperly admitted during the evidentiary phase of trial in order to elevate the offense from misdemeanor theft to felony theft. Defendant contended that evidence of his prior theft conviction should have been…