People v. Moore

(Modified upon denial of rehearing 8/27/14.) Defendant was convicted, after bench trial, of residential burglary. Trial evidence failed to establish beyond a reasonable doubt one of the elements of residential burglary: that owner or resident intended to reside at building at time of burglary. Although court failed to properly admonish Defendant of charges and sentencing range prior to his waiver of counsel, motion which Defendant presented pro se was without merit and thus Defendant was not prejudiced by court's failure to comply with Rule 401 in admonishments. (NEVILLE and PUCINSKI, concurring.)