People v. Miller 

Defendant entered a retail store and was seen placing items in his jacket, and after being confronted he pulled a knife and fled in a getaway car. Defendant was convicted, after jury trial, of charged offenses of burglary, retail theft and aggravated assault. When charged offenses are at issue, the defendant has notice of what the State seeks to convict him of, and the jury will be instructed on both charges and thus given the option to convict on only the less serious offense, and in such case the court should use the "abstract elements" approach. Theft is not a lesser-included offense of burglary. Not all of the elements of retail theft are included in the offense of burglary, and retail theft contains elements that are not included in burglary. It is possible to commit burglary without necessarily committing retail theft. (FITZGERALD, FREEMAN, THOMAS, KILBRIDE, GARMAN, and KARMEIER, concurring.)