People v. Duncan

I agree with the majority’s conclusion that the defendant’s sentence and two of his convictions should be affirmed. Accordingly, I concur with that portion of the majority’s opinion.

However, based upon my review of the record, I conclude that the defendant’s action in throwing fireworks through the broken window was an "unlawful entry” sufficient to support a second conviction of burglary. As a result, I dissent from that portion of the majority’s opinion which vacates the defendant’s second burglary conviction.

The courts in both Davis and People v. Palmer (1980), 83 Ill. App. 3d 732, 404…