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PEOPLE v. McGEE

No. 1-07-1309.

924 N.E.2d 612 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Marcus McGEE, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

March 5, 2010.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender, Patricia Unsinn, Deputy Defender, and Marion Buckley, Assistant Appellate Defender, of Office of the State Appellate Defender, Chicago, IL, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago, IL (James F. Fitzgerald, Alan Spellberg and Kathleen Warnick, Assistant State's Attorneys, of counsel), for Appellee. (Kathryn Roy, a bartaker/law clerk in Criminal Appeals Division of the Cook County State's Attorney's office, assisted in the research and writing of the brief.)

Presiding Justice CAHILL delivered the opinion of the court:

Defendant Marcus McGee was found guilty of residential burglary after a bench trial and sentenced to 15 years' imprisonment. He contends on appeal that the State failed to prove beyond a reasonable doubt that the uninhabited building he entered was a dwelling place within the meaning of the statute, or that he was aware of that fact. He also contends that his sentence was excessive and that the trial court...

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