People v. Munday

PRESIDING JUSTICE NASH

delivered the opinion of the court:

After a bench trial defendant, Christopher Munday, was convicted of residential burglary (Ill. Rev. Stat. 1983, ch. 38, par. 19 — 3) and sentenced to a term of four years’ imprisonment. He appeals, contending (1) the residential burglary conviction should be vacated as defendant was placed in double jeopardy when retried on that charge after, in an earlier trial, a jury returned legally inconsistent verdicts of not guilty of attempted rape and guilty of residential burglary; (2) the residential burglary statute is unconstitutional; and…