Illinois Appellate Court
Criminal Court
Burglary
Defendant was convicted of burglary and theft of cash, checks, and cigarettes, after bench trial, and was sentenced as Class X offender. Defendant's theft is not a lesser included offense of burglary, as burglary requires a knowingly unlawful entry into a building with intent to commit a therft therein, but does not require a "taking" of property with intent to permanently deprive the owner of the property as does theft.
(ZENOFF and SCHOSTOK, concurring.)