People v. McGee

Defendant was convicted, after jury trial, of retail theft of property worth less than $300, based on evidence that he stole several shirts from Macy's, and sentenced to an extended term of 4 years. Based on his previous conviction of retail theft, the offense was a Class 4 felony. Because of his history of prior felony convictions, he was eligible for an extended-term sentence of 3-6 years. Given the evidence in aggravation, especially Defendant's extensive criminal history, Defendant was not entitled to the 3-year minimum extended-term sentence for a Class 4 felony. Court did not abuse its discretion in sentencing Defendant to 4 years. (BRIDGES and SCHOSTOK, concurring.)