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PEOPLE v. ROBERTS

Docket No. 2-11-0524.

983 N.E.2d 539 (2013)

2013 IL App (2d) 110524

368 Ill. Dec. 126

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brett A. ROBERTS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

January 14, 2013.

Attorney(s) appearing for the Case

Brett A. Roberts, of Vienna, appellant pro se.

Louis A. Bianchi , State's Attorney, of Woodstock ( Lawrence M. Bauer and Jay Paul Hoffmann , both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

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

¶ 1 Following a jury trial in the circuit court of McHenry County, defendant, Brett A. Roberts, was found guilty of residential burglary (720 ILCS 5/19-3(a) (West 2010)) and was sentenced to a 10-year prison term. Defendant argues on appeal that he is guilty only of burglary, not residential burglary. At issue is whether a vacant house is a "dwelling" within the meaning of the...

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