People v. Dicostanzo

PRESIDING JUSTICE GORDON

delivered the opinion of the court:

The defendant, Sammy Dicostanzo, was arrested for the offense of misdemeanor retail theft (720 ILCS 5/16A—3, 16A—10(1) (West 1996)). He was charged with the enhanced offense of felony retail theft under section 16A—10(2) of the Criminal Code of 1961 (720 ILCS 5/16A—10(2) (West 1996)) based upon his prior conviction for attempted burglary. The defendant moved to dismiss the charge of felony retail theft, arguing that attempted burglary was not enumerated in the list of offenses under section 16A—10(2) for which enhancement could occur.…