Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after jury trial, of residential burglary, for stealing money from hotel room. Defendant admitted, at trial, that he had inadvertently stepped into occupied hotel room. Counsel was deficient in not requesting jury instruction on lesser-included offense supporting defense theory, such as criminal trespass to a residence. Defendant was prejudice by failure to request instruction, as IPI Criminal 14.14 would likely have been given to jury, and reasonable probability that jury would have convicted on lesser charge. (CUNNINGHAM and CONNORS, concurring.)