People v. Burney 

Illinois Appellate Court
Criminal Court
Fines and Costs
Citation
Case Number: 
2011 IL App (4th) 100343
Decision Date: 
Tuesday, December 27, 2011
District: 
4th Dist.
Division/County: 
Jersey Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
TURNER
(Court opinion modified upon denial of rehearing 1/26/12.) Defendant was convicted, after jury trial, of residential burglary and criminal trespass to a residence. Court erred in imposing fee for reimbursement of court-appointed counsel without first conducting hearing as to Defendant's financial circumstances and ability to pay. Court properly excluded dog-tracking evidence. No error in prosecutor's statements about reasonable doubt, as he did not diminish State's burden of proof or shift burden to Defendant. Prosecutor's statements in closing argument that victim was a victim of a traumatic event was reasonable inference from evidence, and sought to hold Defendant accountable. Conviction for criminal trespass to residence must be vacated as it violates one-act, one-crime rule. (STEIGMANN, concurring; COOK, specially concurring).