People v. Rincon

              No. 2--07--0393 Filed: 12-23-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Kane County.
)
Plaintiff-Appellee, ))
v. ) No. 05--CF--1643
)
MANUEL J. RINCON, ) Honorable
) Leonard J. Wojtecki,
Defendant-Appellant. ) Judge, Presiding.
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PRESIDING JUSTICE ZENOFF delivered the opinion of the court:
Following a bench trial, defendant, Manuel J. Rincon, was convicted of attempted arson (720
ILCS 5/20--1(a), 8--4(a) (West 2004)). Defendant appeals, arguing that his right to a jury trial was
violated, that the State failed to prove his guilt beyond a reasonable doubt, and that the State
committed a prejudicial discovery error. For the following reasons, we affirm.
FACTS
Defendant was indicted for attempted arson (720 ILCS 5/20--1(a), 8--4(a) (West 2004)) and
criminal trespass to land (720 ILCS 5/21--3(a)(2) (West 2004)). The indictment stemmed from an
incident in the early morning hours of July 13, 2005. Prior to trial, the State dismissed the criminal
trespass to land charge.
At the arraignment on January 19, 2006, defendant was present with his attorney when the
court informed him of his rights, including the following: