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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

No. 77-6219

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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