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PEOPLE v. KITTINGER

No. 2-92-1383.

633 N.E.2d 1368 (1994)

261 Ill. App.3d 1033

199 Ill.Dec. 377

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dana KITTINGER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 6, 1994.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Barbara R. Paschen, Office of State Appellate Defender, Elgin, for Dana Kittinger.

David R. Akemann, Kane County State's Atty., St. Charles, William L. Browers, Deputy Director, Gregory L. Slovacek, State's Attys. Appellate Prosecutor, Elgin, for the People.

Justice PECCARELLI delivered the opinion of the court:

Defendant, Dana Kittinger, was convicted of one count of residential burglary (Ill.Rev. Stat.1991, ch. 38, par. 19-3(a) (now 720 ILCS 5/19-3(a) (West 1992))) for entering the apartment of a former friend without authority in order to steal a TV and VCR. On appeal, defendant contends that the trial court committed reversible error by failing to answer a jury's question about the meaning of "without authority."...

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