People v. Parham

              No. 2--06--0292 Filed: 12-14-07
______________________________________________________________________________
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 Lake County.
)
Plaintiff-Appellee, ))
v. ) No. 05--CF--3654
)
MARION H. PARHAM, ) Honorable
) John T. Phillips,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE BYRNE delivered the opinion of the court:
After a jury trial, defendant, Marion H. Parham, was convicted of two counts of burglary for
knowingly and without authority entering two separate motor vehicles with the intent to commit a
theft therein, in violation of section 19--1(a) of the Criminal Code of 1961 (Code) (720 ILCS 5/19--
1(a) (West 2004)). The trial court sentenced defendant to concurrent terms of 5½ years'
imprisonment. On appeal, defendant contends that (1) he was not proved guilty of burglary beyond
a reasonable doubt, because the evidence was insufficient to establish that he entered the motor
vehicles he was charged with burglarizing; (2) the trial court committed reversible error in its
response to communications from the jury during deliberations; and (3) trial counsel was ineffective
for failing to tender a lesser-included offense instruction on attempted burglary. We agree that
defendant was not proved guilty beyond a reasonable doubt as to count I, and we reverse outright
defendant's conviction under that count. We further find that the trial court committed reversible