People v. Magallanes

Defendant was convicted of burglary after jury trial. Court's failure to ask each person in venire whether he or she understood and accepted the fourth Zehr principle was plain error, but evidence was nbot so closely balanced that the error severely threatened to bias jury against him. No ineffective assistance of counsel in defense counsel making an alternative explanation for Defendant's presence. Defendant himself decided not to testify after State rested. (MURPHY and STEELE, concurring.)