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ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Burney, 2011 IL App (4th) 100343

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TIMOTHY L. BURNEY, Defendant-Appellant.

District & No.

Fourth District Docket No. 4-10-0343 December 27, 2011 January 26, 2012 On appeal from defendant's convictions for residential burglary and criminal trespass to a residence, his conviction for the latter was vacated under the one-act, one-crime rule, and his conviction for the former was upheld over various objections, including those based on hearsay, the sufficiency of the evidence, the prosecution's closing argument and ineffective assistance of counsel, and the cause was remanded for further proceedings on defendant's ability to pay the recoupment order and the issuance of an amended sentencing judgment.

Filed Modified upon denial of rehearing Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Jersey County, No. 08-CF-168; the Hon. Eric S. Pistorius, Judge, presiding.

Judgment

Affirmed in part and vacated in part; cause remanded with directions for further proceedings.

Counsel on Appeal

Michael J. Pelletier, Karen Munoz, and Colleen Morgan, all of State Appellate Defender's Office, of Springfield, for appellant. Benjamin L. Goetten, State's Attorney, of Jerseyville (Patrick Delfino, Robert J. Biderman, and Linda Susan McClain, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

PRESIDING JUSTICE TURNER delivered the judgment of the court, with opinion. Justice Steigmann concurred in the judgment and opinion. Justice Cook specially concurred in the judgment, with opinion.

OPINION

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Illinois Law