PEOPLE v. GALLAGHER

Docket No. 1-10-1772.

980 N.E.2d 140 (2012)

2012 IL App (1st) 101772

366 Ill. Dec. 340

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas GALLAGHER, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

June 5, 2012.


Attorney(s) appearing for the Case

Michael J. Pelletier , Alan D. Goldberg , and Patrick Morales-Doyle , all of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , Michelle Katz , and Christine Cook , Assistant State's Attorneys, of counsel), for the People.


OPINION

JUSTICE HARRIS delivered the judgment of the court, with opinion.

¶ 1 Defendant, Thomas Gallagher, appeals his conviction after a jury trial of one count of residential burglary and his sentence of four years' imprisonment. On appeal, Gallagher contends (1) his trial counsel was ineffective for failing to tender jury instructions on the lesser-included offense of criminal trespass to a residence; (2) the State failed to prove beyond a

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