People v. Walton

Defendant was convicted, after stipulated bench trial, of theft, charged as a Class 3 felony. Officer's threat to arrest Defendant if she refused to consent to search of her vehicle's trunk did not vitiate her consent, because officer had actual grounds to arrest Defendant and impound her car, as security officer from retail store had reported to police that Defendant had acted as a shield while another person concealed a sweatshirt in her bag. Charging instrument sufficiently charged Defendant with felony theft under subsection (a)(4) only if she obtained control over 54 items through a single act. All elements of Subsection (a)(a) are included or may be reasonably inferred from allegations of charging instrument, and Subsection (a)(1) is a lessert-included offense of Subsection (a)(4). (LYTTON, concurring; WRIGHT, dissenting.)