People v. Atkins

Following a bench trial, defendant was convicted of burglary and sentenced to seven years in prison. On appeal, defendant contends his conviction must be reversed because when he committed the offense, burglary was not a lesser included offense of residential burglary. We reverse.

The facts in this case are not in dispute. Defendant was charged with residential burglary and was tried in a bench trial simultaneously with codefendant Marcus Gross, who was tried before a jury. The record establishes that on March 19, 2000, at about 11:45 a.m., Officer Ken Walker and his partner Linda Gutierrez…