People v. Hamilton

After a jury trial, defendant Antonio Hamilton was found guilty of residential burglary (720 ILCS 5/19—3 (West 1992)) and was sentenced to 18 years in prison. He appeals, arguing (1) the trial court committed reversible error in failing to submit to the jury his included offense instruction of theft; (2) the State failed to prove the offense beyond a reasonable doubt; and (3) the trial court failed to consider two applicable statutory mitigating factors in sentencing. We affirm.

I. BACKGROUND

Defendant was charged in July 1994 with residential burglary. The bill of indictment charged he…