People v. Silva

Following a bench trial, defendant Miguel Silva was convicted of residential burglary and sentenced to a prison term of 10 years. On appeal, he contends that his conviction should be reduced from residential burglary to burglary and the cause remanded for resentencing, because the unoccupied first-floor and basement apartments of the building in question did not constitute a dwelling within the meaning of the residential burglary statute. We disagree.

Mark Beard-Witherup (hereinafter complainant) has owned a two-flat apartment building in Chicago since 1982. In October 1991, he and his wife…