People v. Dillavou 

Illinois Appellate Court
Criminal Court
Burglary
Citation
Case Number: 
2011 IL App (2d) 091194
Decision Date: 
Wednesday, September 28, 2011
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Defendant was convicted, after bench trial, of residential burglary. Defendant had been hired by general contractor to replace windows in victims' home, and took a red pouch, containing a camera, from kitchen counter. A person commits residential burglary if, while inside a house in which he has the authority to be, he forms the intent to commit a theft therein. Rational trier of fact could find Defendant guilty beyond a reasonable doubt. Defendant made statements, inconsistent with evidence, that he believed that pouch contained a tape measure when he removed it from home along with other tools, but those tools were located in another room. State is not required to prove that a defendant had intent to commit a theft before entering a residence. (McLAREN and BOWMAN, concurring.)