People v. Powell

Defendant, Geneva Powell, was charged with both State benefits fraud when more than $300 is obtained (Ill. Rev. Stat. 1989, ch. 38, par. 17—6) and theft of property having a value in excess of $300 (Ill. Rev. Stat. 1989, ch. 38, par. 16—1(a)(1)), was convicted at a bench trial of only State benefits fraud, yet was sentenced on both charges— five years in prison for each offense, to be served concurrently. In addition, the court imposed restitution on defendant in the amount of $5,710.

On appeal, defendant argues that her theft conviction must be vacated because (1) it is based upon the same…