People v. Larry

Defendant was convicted of domestic battery and other charges, including residential burglary of his girlfriends's apartment which Defendant claims was his residence too.  Evidence established that at the time of the alleged offense, Defendant resided in the apartment, and thus evidence did not establish he entered "the dwelling of another". Due to Defendant's history of domestic violence, court sentenced him to extended, 5-year term for domestic battery, a Class 4 felony.  As residential burglary conviction is reversed, Defendant's challenge to sentence as in violation of extended-term sentencing statute no longer exists. (PIERCE and SIMON, concurring.)