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PEOPLE v. McDANIEL

No. 5-10-0575.

978 N.E.2d 645 (2012)

2012 IL App (5th) 100575

365 Ill. Dec. 390

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert McDANIEL, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rule 23 Filed September 7, 2012.

Motion to Publish Granted October 12, 2012.

Attorney(s) appearing for the Case

Michael J. Pelletier , Johannah B. Weber and Edwin J. Anderson , Office of the State Appellate Defender, Mt. Vernon, IL, for Appellant.

Brendan F. Kelly , State's Attorney, St. Clair County, Belleville, IL, Patrick Delfino , Director, Stephen E. Norris , Deputy Director, Rebecca E. McCormick , Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for Appellee.

OPINION

Justice GOLDENHERSH delivered the judgment of the court, with opinion.

¶ 1 Defendant, Robert McDaniel, was charged with two counts of burglary (720 ILCS 5/19-1 (West 2010)) and one count of retail theft (over $150) (720 ILCS 5/16A-3 (West 2010) (repealed by Pub. Act 97-597, § 6 (eff. Jan. 1, 2012))). Defense counsel, in opening statement, conceded the theft charge and tried the case to the jury defending against the two counts of burglary...

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