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Scott (D) was charged with shoplifting merchandise valued at less than $150. This crime was punishable by as much as a $500 fine, or one year in jail, or both. D (an indigent) was not provided, counsel. He was convicted and fined $50. D appealed. The Supreme Court of Illinois affirmed, declining to appoint counsel if one is charged with an offense for which imprisonment upon conviction is authorized but not actually imposed. D appealed.

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