Kane County Nuggets

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Residential Burglary Is Charged Wrong Leading To Reversal

October 27, 2022 By Samuel Partida, Jr.

People v. Acklin, 2020 IL App (4th) 180588 (October). Episode 829 (Duration 7:08)

Defendant had permission to enter the residence but did not have authority to remain within it.

[Read more…]

Filed Under: Burglary, Indictment

ILCS Burglary And Residential Burglary Statute

September 12, 2019 By Samuel Partida, Jr.

ILCS Burglary § 19-1

The Illinois Burglary Statute.

The Illinois burglary statute is broader than the residential burglary statute. The more general form of the burglary provides the following:

Section 19-1(a) of the Illinois Criminal Code provides, in part, that…

[Read more…]

Filed Under: Burglary

3rd District Misread The High Court And Now Put Back In It’s Place

August 7, 2019 By Samuel Partida, Jr.

People v. Johnson, 2019 IL 123318 (August). Episode 661 (Duration 8:16)

Supreme Court smacks down 3rd district appellate panel trying to get rid of all burglaries to retail theft establishments. [Read more…]

Filed Under: Burglary, Trial Tagged With: Sufficiency of the Evidence

Districts Split On The Burglary / Retail Theft Question

March 26, 2019 By Samuel Partida, Jr.

People v. Holt, 2019 IL App (3d) 160504 (March). Episode 607 (Duration 7:12)

The split deepens between the Second, Fourth and Third Districts on these burglary/retail theft convictions.

[Read more…]

Filed Under: Burglary

Second & Fourth Districts Come Out Against The Third District On The Burglary Of Retail Store Question

June 27, 2018 By Samuel Partida, Jr.

People v. Moore, 2018 IL App (2d) 160277 (June). Episode 505 (Duration 4:40)

Second District goes with the Fourth District on burglary or retail store cases. [Read more…]

Filed Under: Burglary

Burglary Of Retail Store Is Allowed In Some Illinois Appellate Districts

April 4, 2018 By Samuel Partida, Jr.

People v. Burlington, 2018 IL App (4th) 150642 (March). Episode 472 (Duration 7:42)

Fourth district goes the other way on retail theft burglaries. [Read more…]

Filed Under: Burglary

Retail Theft Statute Countermands This Class Of Burglaries

February 26, 2018 By Samuel Partida, Jr.

People v. Johnson, 2018 IL App (3d) 150352 (January). Episode 456 (Duration 11:30)

Stealing from a Walmart was not a burglary. [Read more…]

Filed Under: Burglary

A Constitutional Claim To Minimize The Sentence For A Nonviolent Repeat Offender

December 20, 2017 By Samuel Partida, Jr.

People v. Allen, 2017 IL App (1st) 151540 (December). Episode 430 (Duration 9:24)

10 and a half years for burglary to a car are reduced to six years because the second division in the first district says so. [Read more…]

Filed Under: Burglary, Mandatory X

One Kind Of Retail Theft In Illinois Cannot Be A Burglary

April 5, 2016 By Samuel Partida, Jr.

People v. Bradford, 2016 IL 118674 (March). Episode 155 (Duration 7:52)

Ordinary retail theft in Illinois is not a burglary. Click here to learn more about Illinois burglaries. [Read more…]

Filed Under: Burglary

Burglary Definition Means Entering To SELL Something?

January 29, 2015 By Samuel Partida, Jr.

See People v. Murphy, 2015 IL App (4th) 130265. Episode 064 (Duration 18:56)

Was the burglary definition rewritten by this court decision? A Creative charging decision by the prosecution brings to focus exactly what it means to commit a burglary. [Read more…]

Filed Under: Burglary

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