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PEOPLE v. ECHOLS

No. 1-05-3293.

887 N.E.2d 793 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Mack ECHOLS, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied May 19, 2008.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Joshua A. Tepper, Assistant Appellate Defender, of counsel) for Appellant.

Richard A. Devine, Cook County State's Attorney (James E. Fitzgerald, Alan J. Spellberg, Kathleen Warnick, Hareena Meghani-Wakely, Assistant State's Attorneys, of counsel) for Appellee.

Justice KARNEZIS delivered the opinion of the court:

Following a jury trial, defendant Mack Echols was found guilty of residential burglary and was sentenced to a term of seven years' imprisonment. On appeal, defendant contends: (1) his trial counsel was ineffective for failing to object to the search of his home; (2) the trial court erred in refusing to instruct the jury on the lesser-included offense of theft; (3) he was denied a fair trial because the jury

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