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BALDASAR V. ILLINOIS, 446 U. S. 222 (1980)
U.S. Supreme Court
Baldasar v. Illinois, 446 U.S. 222 (1980)
Baldasar v. Illinois
Argued November 26, 1979
Decided April 22, 1980
446 U.S. 222
Held: While an uncounseled misdemeanor conviction is constitutionally valid if the offender is not incarcerated, such a conviction may not be used under an enhanced penalty statute to convert a subsequent misdemeanor into a felony with a prison term. Thus, petitioner's uncounseled misdemeanor-theft conviction, even though it resulted only in a fine, cannot be used upon his later conviction for another misdemeanor theft to support a 1-to-3-year prison sentence under an Illinois statute authorizing such a sentence for a second misdemeanor-theft conviction.
52 Ill.App.3d 305, 367 N.E.2d 459, reversed and remanded.
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