People v. Heinz 

Illinois Appellate Court
Criminal Court
Burglary
Citation
Case Number: 
No. 2-07-0139
Decision Date: 
Thursday, March 31, 2011
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed as modified in part; vacated in part; remanded.
Justice: 
McLAREN
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.)