People v. Hamilton

PRESIDING JUSTICE COOK,

dissenting:

The majority decision is contrary to the supreme court’s recent decision in Novak. I respectfully dissent and would reverse for a new trial so that the jury could be instructed on theft as a lesser included offense of residential burglary.

The majority correctly notes that in Dace, the supreme court found that the trial court should have given a tendered instruction on theft where (1) the information charged the specific intent to commit theft, and (2) the offense of theft was proved by the evidence adduced at trial. Dace, 104 Ill. 2d at 102-03, 470 N.E.2d at…