PEOPLE v. SMITH

No. 4-90-0449.

568 N.E.2d 417 (1991)

209 Ill. App.3d 1091

154 Ill.Dec. 417

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tracy SMITH, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

February 26, 1991.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Judith L. Libby, Asst. Defender, for defendant-appellant.

Scott H. Walden, State's Atty., Quincy, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Beth McGann, Staff Atty., for plaintiff-appellee.


Justice McCULLOUGH delivered the opinion of the court:

Defendant Tracy Smith was convicted of residential burglary (Ill.Rev.Stat.1989, ch. 38, par. 19-3(a)) and burglary to a truck (Ill.Rev.Stat.1989, ch. 38, par. 19-1(a)) by the Adams County circuit court on April 26, 1990. Defendant contends the building he burglarized was not a "dwelling" within the meaning of the residential burglary statute and thus seeks to have his conviction reversed. Defendant does not appeal...

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