People v. Hayes

delivered , the opinion of the court:

Following a bench trial in the circuit court of Effingham County defendant, Marla B. Hayes, was convicted of retail theft of less than $150 (Ill. Rev. Stat. 1979, ch. 38, par. 16A — 3(a)). She was sentenced to 30 months’ probation, the first 60 days to be served in confinement. The appellate court reversed and remanded (90 Ill. App. 3d 102), and we granted the People’s petition for leave to appeal.

The information, in three counts, charged three separate instances of retail theft of less than $150, contained no allegations of a prior conviction of retail…