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PEOPLE v. DELACRUZ

No. 2-03-0360.

817 N.E.2d 191 (2004)

352 Ill. App.3d 801

288 Ill.Dec. 66

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jose A. DELACRUZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 14, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Thomas A. Lilien (Court-appointed), Office of the State Appellate Defender, Elgin, for Jose A. Delacruz.

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Mary E. Mack, Springfield, for the People.

Presiding Justice O'MALLEY delivered the opinion of the court:

Defendant, Jose A. Delacruz, appeals his conviction of home invasion (720 ILCS 5/12-11(a)(2) (West 2002)) following a jury trial in the circuit court of Kane County. Defendant challenges the sufficiency of the evidence; specifically, defendant contends that the evidence admitted during the trial sufficiently demonstrated that he still resided in the dwelling so as to nullify the statutory element that...

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