People v. Phoenix

Following a bench trial in the circuit court of Sangamon County, defendants, Carl Phoenix and Joseph Phoenix, were convicted on June 24, 1980, of burglary and felony theft. They received respective sentences of 4 years’ and 3 years’ imprisonment. Defendants’ consolidated appeals challenge their convictions and sentences. For the reasons which follow, we reverse the burglary convictions, affirm the theft convictions, and remand both causes for resentencing.

The State claimed that defendants had burgled a storage shed of Dorothy Eberding on March 27, 1980, and stolen a rototiller from the shed.…