People v. Price

Illinois Appellate Court
Criminal Court
Burglary
Citation
Case Number: 
2011 IL App (4th) 100311
Decision Date: 
Friday, September 16, 2011
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
TURNER
Defendant was convicted, after jury trial, of home invasion, residential burglary, and aggravated battery. At midnight, Defendant rang doorbell of residence; after no one answered, he kicked in the door and went into a bedroom where he demanded "the stuff." Evidence was sufficient to show that Defendant knew the home was occupied, as it is not uncommon for a person to not answer the doorbell late at night. Home invasion consists of two separate physical acts; the fact that one act is the same as residential burglary does not mean that convictions for the two offenses violates the one-act, one-crime rule. Only one conviction for residential burglary can stand, as all three convictions of this offense were based on the same act of entry into the residence. (STEIGMANN, concurring; POPE, specially concurring.)