People v. Atkins Modified Upon Denial of Rehearing

THIRD DISTRICT

April 7, 2004

No. 1-03-2232

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

WILLIAM ATKINS,

Defendant-Appellant.)))))))))

Appeal from the

Circuit Court of

Cook County

No. 00 CR 10095

Honorable

Preston L. Bowie,

Judge Presiding.

MODIFIED UPON DENIAL OF REHEARING

Following a bench trial, defendant was convicted of burglary and sentenced to seven years in prison. On appeal, defendant contends his conviction must be reversed because when he committed the offense, burglary was not a lesser included offense of residential burglary. (footnote: 1) We reverse.

The facts in this case are not…