People v. Davis

Illinois Appellate Court
Criminal Court
Burglary
Citation
Case Number: 
2012 IL App (5th) 100044
Decision Date: 
Wednesday, September 5, 2012
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
GoLDENHERSH
Defendant was convicted, after jury trial, of burglary, for stealing wallet from receptionist's purse on "wrong side" of reception desk at law office. Jury had basis to conclude that although Defendant may have had authorization to enter office, he terminated it in his attempt to commit theft while there. Imposition of MSR term is not the same as consecutive sentencing. Multiple offenders falling under requirements of Section 5-8-1 of Unified Code of Corrections are subject to limitation in sentence based on class of underlying felony, but will have as part of sentence as though written in specifically an MSR term appropriate to Class X conviction. (DONOVAN and WEXSTTEN, concurring.)