People v. Atherton

Defendant, Frank Atherton, was convicted of residential burglary (Ill. Rev. Stat. 1991, ch. 38, par. 19—3(a) (now 720 ILCS 5/19—3(a) (West 1992))) and resisting or obstructing a peace officer (Ill. Rev. Stat. 1991, ch. 38, par. 31—1 (now 720 ILCS 5/3—1 (West 1992))). He was sentenced to 10 years’ imprisonment for residential burglary and to a one-year concurrent term of imprisonment for the misdemeanor conviction. On appeal, defendant raises as his sole issue whether his conviction of residential burglary must be reversed because the trial court refused to instruct the jurors regarding the…