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PEOPLE v. ATKINS

No. 1-03-2232.

809 N.E.2d 152 (2004)

348 Ill. App.3d 126

284 Ill.Dec. 30

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William ATKINS, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

April 7, 2004.

Attorney(s) appearing for the Case

Office of the State Appellate Defender, Chicago (Michael J. Pelletier, Deputy Defender, and Adrienne N. River, Assistant Appellate Defender, of counsel), for Appellant.

Richard A. Devine, State's Attorney of County of Cook, Chicago (Renee Goldfarb, Alan Spellberg, Janet Powers Doyle, Assistant State's Attorneys, of counsel), for Appellee.

MODIFIED UPON DENIAL OF REHEARING

Justice KARNEZIS delivered the opinion of the court:

Following a bench trial, defendant was convicted of burglary and sentenced to seven years in prison. On appeal, defendant contends his conviction must be reversed because when he committed the offense, burglary was not a lesser included offense of residential burglary.1 We reverse.

The facts in this case are not in dispute. Defendant...

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