People v. Mullinex

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Following a bench trial, Michael Laverne Mullinex, the defendant, was convicted of the offenses of burglary, theft in excess of $300, and possession of burglary tools. He was sentenced to terms of five years for burglary, three years for theft and two years for possession of burglary tools, to be served concurrently. He appeals, contending (1) that his conduct was not burglary under section 19 — 1(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 19 — 1(a)); (2) that his conviction of theft must be reduced to…