No. 2--05--0569 Filed: 6-27-07
APPELLATE COURT OF ILLINOIS
THE PEOPLE OF THE STATE OF ) Appeal from the Circuit
ILLINOIS, ) Court of Kane County.
v. ) No. 03--CF--1877
LAMONT G. THOMAS, ) Honorable
) Donald C. Hudson,
Defendant-Appellant. ) Judge, Presiding.
JUSTICE HUTCHINSON delivered the opinion of the court:
In September 2004, a jury found defendant, Lamont G. Thomas, guilty of burglary (720 ILCS
5/19--1(a) (West 2002)) and theft of property valued in excess of $300 (720 ILCS 5/16--1(a)(1)
(West 2002)). The trial court sentenced defendant to 15 years' imprisonment for the burglary
conviction and a concurrent term of 4 years' imprisonment for the theft conviction. Defendant
appeals, contending that (1) the trial court committed reversible error when it denied his request to
instruct the jury on the offense of criminal trespass to real property, after determining that the offense
was not a lesser-included offense of burglary; (2) his conviction of theft should be vacated because
theft is a lesser-included offense of burglary; and (3) the State failed to prove beyond a reasonable
doubt that the value of the property exceeded $300. We affirm in part and vacate in part.