PEOPLE v. SILVA

No. 1-92-2620.

628 N.E.2d 948 (1993)

256 Ill. App.3d 414

195 Ill.Dec. 484

The PEOPLE of the State of Illinois, Plaintiff-Appellee v. Miguel SILVA, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

December 28, 1993.


Attorney(s) appearing for the Case

Rita A. Fry, Public Defender, Chicago (Robert T. Fox, Jeffrey M. Howard, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., Chicago (Renee G. Goldfarb, William D. Carroll, Scott V. Bruner, of counsel), for plaintiff-appellee.


Justice DiVITO delivered the opinion of the court:

Following a bench trial, defendant Miguel Silva was convicted of residential burglary and sentenced to a prison term of 10 years. On appeal, he contends that his conviction should be reduced from residential burglary to burglary and the cause remanded for resentencing, because the unoccupied first floor and basement apartments of the building in question did not constitute a dwelling within the meaning of the residential...

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