People v. Gamino

Following a stipulated bench trial, defendant, Elíseo F. Gamino, a/k/a Philip Gamino, was convicted of burglary (720 ILCS 5/19— 1(a)(West 2000)) and sentenced to a term of probation of 46 months and 96 days of time served in the county jail. Defendant was also ordered to pay a $500 fine and court costs. Defendant appeals and contends that his conviction must be reversed because evidence showed that he committed residential burglary (720 ILCS 5/19— 3(a)(West 2000)) and, therefore, he could not properly be convicted of burglary. We reverse his conviction.

The facts relative to our decision are…