People v. Velarde

Defendant, Carlos Velarde, was found guilty in a jury trial of burglary (Ill. Rev. Stat. 1983, ch. 38, par. 19 — 1) and was sentenced to a seven-year term of imprisonment.

Two issues are presented for review: (1) whether the trial court erred in refusing to instruct the jury on the lesser offense of theft; and (2) whether defendant was denied a fair trial where he was twice led into the courtroom by uniformed deputy sheriffs in view of the jury venire.

At trial, Michael Roberts, manager of Columbia Audio Video, Inc., testified that while at work on December 10, 1983, he took his lunch break and…