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People v. Cramer

OPINION FILED MARCH 5, 1980.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

RICHARD CRAMER, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Peoria County; the Hon. ROBERT E. HUNT, Judge, presiding.

MR. JUSTICE SCOTT DELIVERED THE OPINION OF THE COURT:

This is an appeal by the defendant, Richard Cramer, from a conviction by the circuit court of Peoria County of the offense of theft of property having a value in excess of $150. The indictment charging the defendant alleged that he knowingly exerted unauthorized control over a truck belonging to another, having a value in excess of $150, with the intent to permanently deprive the owner of its benefit and use. In this appeal the only issue raised by the defendant is whether the trial court erred by refusing to instruct the jury as to an offense related to a motor vehicle, which the defendant claims is a lesser-included offense of the offense charged.

The relevant portions of the statutes involved are these:

"A person commits theft when he knowingly:

(a) Obtains or exerts unauthorized control over property of the owner; or

(d) * * *

(1) Intends to deprive the owner permanently of the use or benefit of the property." (Ill. Rev. Stat. 1977, ch. 38, par. 16-1(a), (d) (1).)

Theft is a Class 3 felony. Ill. Rev. Stat. 1977, ch. 38, par. 16-1(e)(3).

The Motor Vehicle Code of our State provides:

"It is a violation of this Chapter for:

(a) A person not entitled to the possession of a vehicle to receive, possess, conceal, sell or dispose of it, knowing it to have been stolen or converted." (Ill. Rev. Stat. 1977, ch. 95 1/2, par. 4-103(a).)

An offense related to a motor vehicle is a Class 4 felony. Ill. Rev. Stat. 1977, ch. 95 1/2, par. 4-108(b).

• 1, 2 The Illinois Supreme Court has recently recited the appropriate standards for determining when one offense is to be considered an included offense of another.

"An included offense is defined by statute as an offense which `(a) [i]s established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission of the offense charged, or (b) [c]onsists of an attempt to commit the offense charged or an offense included therein.' (Ill. Rev. Stat. 1975, ch. 38, par. 2-9.) In order to be classified as a lesser included offense, `all the elements of the lesser ...


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