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PEOPLE v. ATKINS

No. 98257.

838 N.E.2d 943 (2005)

217 Ill.2d 66

298 Ill.Dec. 50

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

Supreme Court of Illinois.

October 20, 2005.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Linda D. Woloshin, Assistant Attorney General, Chicago, and Renee G. Goldfarb, Janet Powers Doyle, Noah C. Montague, Assistant State's Attorneys, of counsel), for the People.

Michael J. Pelletier, Deputy Defender, Adrienne N. River, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellee.

Justice THOMAS delivered the opinion of the court:

At issue is whether an amendment to the residential burglary statute, making burglary a lesser-included offense of residential burglary, may be applied retroactively. We hold that it may not.

BACKGROUND

The State charged defendant, William Atkins, and his codefendant, Marcus Gross, with residential burglary (720 ILCS 5/19-3 (West 2000)). Defendant's bench trial was held simultaneously with Gross...

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