{ "id": 4307377, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TERRY L. HEINZ, Defendant-Appellant", "name_abbreviation": "People v. Heinz", "decision_date": "2011-03-31", "docket_number": "No. 2\u201407\u20140139", "first_page": "1016", "last_page": "1025", "citations": [ { "type": "official", "cite": "407 Ill. App. 3d 1016" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "239 Ill. 2d 452", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3633123 ], "year": 2011, "opinion_index": 0, "case_paths": [ "/ill-2d/239/0452-01" ] }, { "cite": "306 Ill. App. 3d 836", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1336128 ], "year": 1999, "pin_cites": [ { "page": "840" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/306/0836-01" ] }, { "cite": "255 Ill. App. 3d 995", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2987056 ], "year": 1994, "pin_cites": [ { "page": "1005" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/255/0995-01" ] }, { "cite": "466 U.S. 668", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6204802 ], "year": 1984, "pin_cites": [ { "page": "687" } ], "opinion_index": 0, "case_paths": [ "/us/466/0668-01" ] }, { "cite": "232 Ill. 2d 156", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3619690 ], "weight": 2, "year": 2009, "pin_cites": [ { "page": "165" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/232/0156-01" ] }, { "cite": "66 Ill. 2d 551", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5463653 ], "year": 1977, "pin_cites": [ { "page": "566" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/66/0551-01" ] }, { "cite": "211 Ill. 2d 368", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 8451541 ], "year": 2004, "pin_cites": [ { "page": "389" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/211/0368-01" ] }, { "cite": "122 Ill. 2d 176", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5550081 ], "year": 1988, "pin_cites": [ { "page": "186" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/122/0176-01" ] }, { "cite": "238 Ill. 2d 662", "category": "reporters:state", "reporter": "Ill. 2d", "year": 2010, "pin_cites": [ { "parenthetical": "table" } ], "opinion_index": 0 }, { "cite": "238 Ill. 2d 161", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3630591 ], "weight": 6, "year": 2010, "pin_cites": [ { "page": "174" }, { "page": "173" }, { "page": "166" }, { "page": "176" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/238/0161-01" ] }, { "cite": "391 Ill. App. 3d 854", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4286467 ], "year": 2009, "opinion_index": 0, "case_paths": [ "/ill-app-3d/391/0854-01" ] }, { "cite": "199 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 58914 ], "year": 2002, "pin_cites": [ { "page": "7" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/199/0001-01" ] } ], "analysis": { "cardinality": 923, "char_count": 21801, "ocr_confidence": 0.754, "pagerank": { "raw": 4.89950402824256e-08, "percentile": 0.3081071521930429 }, "sha256": "21b5af7ad1be4a98957c36d4ca20f73c9d85915dae4a0f11f4804282deb9a895", "simhash": "1:3fba226425c98b23", "word_count": 3648 }, "last_updated": "2023-07-14T15:37:05.247121+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TERRY L. HEINZ, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE McLAREN\ndelivered the judgment of the court, with opinion.\nJustices Zenoff and Schostok concurred in the judgment and opinion.\nOPINION\nFollowing a bench trial, defendant, Terry L. Heinz, was convicted of burglary (720 ILCS 5/19\u20141(a) (West 2004)) and theft (720 ILCS 5/16\u20141(a)(1)(A) (West 2004)). Based on defendant\u2019s prior felony convictions, the trial court found him subject to Class X sentencing (730 ILCS 5/5\u20145\u20143(c)(8) (West 2004)). Defendant was sentenced to concurrent terms of 10 years\u2019 imprisonment for the burglary conviction and 5 years\u2019 imprisonment for the theft conviction, and he was ordered to pay $7,000 in restitution.\nOn appeal, defendant argued that: (1) his conviction of and sentence for theft must be vacated because theft is a lesser included offense of burglary; (2) his sentencing hearing was unfair because the trial court erroneously found that no statutory factors in mitigation applied; (3) the trial court improperly ordered restitution in the amount of $7,000; and (4) the mittimus should be corrected because he was entitled to a credit for three days\u2019 time served in custody prior to sentencing. We initially vacated the conviction of, and sentence for, theft, concluding that under the charging instrument approach enunciated in People v. Baldwin, 199 Ill. 2d 1, 7 (2002), theft was a lesser included offense of burglary. We also vacated the order of restitution and remanded the cause for a hearing on the amount of actual damages, and we corrected the mittimus to reflect three days\u2019 credit for time served. People v. Heinz, 391 Ill. App. 3d 854 (2009). The Illinois Supreme Court issued a supervisory order on November 24, 2010, which directed us to vacate our order and reconsider our decision in light of People v. Miller, 238 Ill. 2d 161 (2010). People v. Heinz, 238 Ill. 2d 662 (2010) (table). We now affirm defendant\u2019s convictions and sentences for burglary and theft, vacate the restitution order, and remand the cause for a hearing on the actual damages. Additionally, we order the mittimus corrected to reflect three days\u2019 credit for time served. We also grant the motion of the State to assess the $50 statutory assessment as costs of the appeal.\nI. BACKGROUND\nOn March 23, 2005, defendant was indicted for the offenses of burglary (720 ILCS 5/19\u20141(a) (West 2004)) and theft of property having a value in excess of $300 (720 ILCS 5/16\u20141(a)(1)(A) (West 2004)). Specifically, the burglary indictment alleged that \u201cdefendant without authority, knowingly entered a building of Liberty Lanes, located at 115 Meadowdale Drive, Carpentersville, Kane County, Illinois, with the intent to commit therein a theft.\u201d The indictment for theft alleged that \u201cdefendant knowingly exerted unauthorized control over property of Liberty Lanes being United States currency having a total value in excess of $300.00 intending to deprive Liberty Lanes permanently of the use of the property.\u201d\nAt trial, Cheryl Mikolitis, owner of Liberty Lanes bowling alley in Carpentersville, testified that she was at work at the bowling alley on the evening of October 11, 2004. She left around 10:30 p.m. Her employees, Kevin Miller and Steve Turnan, remained to clean up and close for the night. When she arrived at the bowling alley on the morning of October 12, she discovered that her office door was open and the door frame was damaged. A safe containing approximately $2,400 in cash and $300 in checks was missing, as well as two boxes containing 20 cartons of cigarettes.\nKevin Miller testified that he was the assistant manager of the bowling alley. His duties included closing after all the customers had left. This entailed counting the receipts, checking the building and doors, and, on October 11, supervising Steve Turnan, who was filling in for a regular employee. Miller stated that, during the evening of October 11, Matt Peters and his wife, Ellen, sat at the bar for a while, watching him work. Miller had been introduced to them a few days earlier. They left around 10 p.m.\nMiller stated that around midnight defendant came inside to use the bathroom after the bowling alley was closed. Defendant was waiting for Steve Turnan to give him a ride home. After defendant left, Miller checked the building and then went home.\nSteve Turnan testified pursuant to an agreement with the State. He had known defendant for about 12 years; in October 2004 defendant was living in his basement. He stated that, about two months prior to October, he had discussed burglarizing Liberty Lanes with defendant and with Matt and Ellen Peters. According to Turnan, the burglary was defendant\u2019s idea. Turnan said that Matt and defendant approached him because he worked at the bowling alley. Tuman\u2019s role in the burglary was to let Matt in through the back door. The plan was for Matt to hide inside while Turnan completed his chores for the night. Then Turnan was to leave with Kevin Miller after they finished their work. Turnan testified that, even though there was money in the cash registers, their plan was to steal only two safes. Matt was supposed to take the safes to the back door and then wait for help. Defendant was to act as lookout from the parking lot.\nTurnan further testified that, on the night of the burglary, Matt and Ellen Peters arrived at the bowling alley around 6 p.m. and sat at the bar. They left around 10:30 p.m., when the bowling alley closed. Turnan testified that Matt then went around to the back of the building and Turnan let him in. Matt hid inside the bowling alley, above the mechanic\u2019s room. Defendant came to the door and asked to be let in to use the bathroom, which was not part of the plan. After defendant left, Turnan and Miller finished closing and left at the same time. Turnan got into defendant\u2019s car; Ellen was already there. By radio, defendant told Matt that everything was clear. Turnan then went to the back door of the building and helped Matt remove one safe, which they put in Matt\u2019s truck. The plan was to steal another safe, but it was too heavy. Matt also stole about 20 cartons of cigarettes. Turnan testified that he and Matt drove Matt\u2019s truck to Tuman\u2019s house. Defendant and Ellen followed in defendant\u2019s car. At Tuman\u2019s house, defendant cut open the safe, which contained keys, tapes, checks, and $1,000 in cash. Turnan testified that he and Matt then drove to McHenry County to dispose of the safe; afterward they met defendant and Ellen at a truck stop where they split up the cigarettes and defendant counted and distributed the cash.\nDetective Todd Shaver of the Carpentersville police department investigated the burglary. He spoke to Cheryl Mikolitis and her husband, and to Steve Turnan, who was then held for investigation. He also interviewed Matt Peters at the McHenry County jail. After that he called defendant, who agreed to come to the police station.\nThe next day, defendant arrived with Ellen Peters. Shaver talked to her first. Shaver then advised defendant of his Miranda rights. Defendant signed a waiver of his rights and gave a statement. Shaver testified that defendant initially told him that on the night of the burglary he picked up Steve Turnan at work and drove him home to Woodstock. After Shaver told defendant that Steve Turnan and Matt and Ellen Peters had implicated him in the burglary, defendant said that Ellen was with him when he picked up Turnan from the bowling alley around midnight. Defendant said that they drove to a gas station and then returned to Liberty Lanes, where they dropped Turnan off at the rear of the building. Defendant and Ellen then parked in a parking lot across from the bowling alley and used a two-way radio to talk to Turnan. Defendant told Shaver that Matt Peters and Turnan came out of the building carrying a small safe, which they loaded into the back of Matt Peters\u2019 truck. They all drove to Tuman\u2019s house in Woodstock, where the safe was opened by Matt Peters and Turnan. The cash that was inside the safe was divided among the three men. Defendant said that he received $411. Defendant told Shaver that he did not go inside the building and that his only involvement in the incident was with the two-way radio.\nDefendant testified on his own behalf. He stated that in October 2004 he was living in Tuman\u2019s basement. On the night of October 11, Turnan called him around 10:30 p.m., asking for a ride home from work. Defendant arrived at the bowling alley just before midnight and asked Kevin Miller to let him in the building to use the restroom. Defendant testified that as he returned to his car he saw Ellen in the parking lot. She got into defendant\u2019s car. Shortly thereafter, Turnan and Miller came out of the bowling alley. Turnan entered defendant\u2019s car and told him to go to a nearby gas station. At the gas station Turnan told defendant they had to go back to get Matt Peters. Defendant parked across the street from the bowling alley. As Turnan got out of the car, he threw his two-way radio phone onto the seat and ran across the field toward the bowling alley.\nDefendant testified that he and Ellen stayed in the car. After about 10 minutes Turnan called on the radio phone and said, \u201cI\u2019m ready to go, are you ready?\u201d Defendant replied, \u201cI guess so.\u201d Defendant followed Matt Peters\u2019 truck to Tuman\u2019s house. After they arrived at Tu-man\u2019s house, defendant saw Matt Peters and Turnan sitting in the garage with a safe. Defendant testified that he then left with Ellen, and he denied cutting the safe open.\nDefendant was convicted of burglary and theft. In its ruling the trial court stated:\n\u201cHe is legally accountable. He is guilty of burglary. I find him guilty of burglary.\nHe is also guilty of Count 2, theft. It is not a lesser included offense.\nNow, I believe that only one of these two convictions can stand under the one-act one-crime rule; however, I will today enter judgments on both, and I will hear any arguments that either side wishes to make in that regard at a future date.\u201d\nAt the sentencing hearing, the State conceded that statutory mitigating factors numbers one and two applied to defendant (730 ILCS 5/5\u20145\u20143.1(a)(1), (a)(2) (West 2004)). The State asked for restitution, relying on an unnotarized document signed by a \u201cJames Mikolaitis [sic]\u201d that claimed losses of approximately $7,000. The items \u201cdamaged, lost or stolen\u201d were listed as follows:\n\u201c$2850 CASH \u2014 18-20 CARTONS GIGS [sic] ($720.00)\n($130.00) 10 CASES BEER \u2014 SAFE WORTH $800.00 \u2014 BACK-UP TAPES COMPUTER\n2 BEER PUMPS \u2014 TOOLS ($100.00)\n6-DOORS (REPAIR + REPLACE) $2200.00\nSAFE INSTALLED $800.00\nTOTAL ABOUT $7000.00.\u201d\nThis list was handwritten on a letter from the State\u2019s Attorney\u2019s office, addressed to \u201cLiberty Lanes c/o Cheryl Mikolaitis [sic].\u201d The letter requested the information and included the statement that the victim\u2019s \u201cinsurance needs to be exhausted first.\u201d The documentation attached included receipts from Elgin Key for $685.33; Elgin Key for $109.96; Menards for $183.07, with some items crossed off and \u201c$169.00 Total\u201d handwritten; and M&M Remodeling for materials and labor totaling $1,905. Also attached was an unsigned list of items and dollar amounts handwritten on blank paper with the Liberty Lanes address stamped at the top. The above were included in \u201cPeople\u2019s Exhibit #1.\u201d\nThe trial court sentenced defendant to 10 years\u2019 imprisonment for the burglary conviction and to 5 years\u2019 imprisonment for the theft conviction, to be served concurrently. The court also ordered defendant to pay $7,000 in restitution.\nIn his motion to reconsider the sentence, defense counsel argued that the sentence of 10 years\u2019 imprisonment was cruel and unusual punishment, in violation of the Constitution of the United States, and did not provide for any possibility of rehabilitation, in violation of the Constitution of the State of Illinois. The trial court denied the motion to reconsider.\nThis appeal followed.\nII. ANALYSIS\nA. Theft as Lesser Included Offense\nDefendant contends that his conviction of and sentence for theft must be vacated because both of his convictions stemmed from the same October 11, 2004, incident and because the charged burglary offense was predicated upon defendant\u2019s alleged intent to commit a theft when he entered the building. Therefore, he avers, the theft is a lesser included offense of the burglary, and his theft conviction cannot stand.\nDefendant acknowledges that this issue was not raised in a post-trial motion; however, this issue is reviewable under the plain-error rule, which permits a reviewing court to consider a trial error not properly preserved in a criminal case when either the evidence is closely balanced or the error is so fundamental and of such magnitude that the accused was denied a right to a fair trial. See Ill. S. Ct. R 615(a); People v. Enoch, 122 Ill. 2d 176, 186 (1988). Because \u201can alleged one-act, one-crime violation and the potential for a surplus conviction and sentence affects the integrity of the judicial process, thus satisfying the second prong of the plain error rule\u201d (People v. Harvey, 211 Ill. 2d 368, 389 (2004)), we will address the issue of whether theft is a lesser included offense of burglary such that defendant\u2019s conviction of and sentence for theft should be vacated.\n\u201cPrejudice, with regard to multiple acts, exists only when the defendant is convicted of more than one offense, some of which are, by definition, lesser included offenses.\u201d People v. King, 66 Ill. 2d 551, 566 (1977). In the recent case of People v. Artis, 232 Ill. 2d 156 (2009), our supreme court declined to abandon the \u201cone-act, one-crime\u201d doctrine of King, stating:\n\u201c[U]nder King, a court first must determine whether a defendant\u2019s conduct consists of one act or several acts. Multiple convictions are improper if they are based on precisely the same physical act. If the defendant\u2019s conduct is based on more than one physical act, a court must then determine whether any of the offenses are lesser-included offenses. If they are, then multiple convictions are improper.\u201d Artis, 232 Ill. 2d at 165.\nWe cannot say that the unauthorized entry and the subsequent taking involved here should be considered \u201cone act\u201d for purposes of the King doctrine. Therefore, we turn to our determination of whether the theft is a lesser included offense of the burglary.\nTo determine whether theft is a lesser included offense of burglary, we must utilize the abstract elements approach, enunciated in Miller, 238 Ill. 2d 161, under which we examine the statutory elements of the charged offenses to determine whether theft is a lesser included offense of burglary. The burglary indictment alleged that \u201cdefendant without authority, knowingly entered a building of Liberty Lanes, located at 115 Meadowdale Drive, Carpentersville, Kane County, Illinois, with the intent to commit therein a theft.\u201d The indictment for theft alleged that \u201cdefendant knowingly exerted unauthorized control over property of Liberty Lanes being United States currency having a total value in excess of $300.00 intending to deprive Liberty Lanes permanently of the use of the property.\u201d In Miller, our supreme court concluded that \u201c[w]hen charged offenses are at issue, a defendant has notice of what the State seeks to convict him of and is able to prepare and present a defense\u201d (id. at 174); in short, notice is not an issue. Further, the abstract elements test ensures that defendants are held accountable for the \u201cfull measure of their conduct\u201d and the consequential harm caused. Id. at 174. Had the legislature intended that a defendant could be convicted of only one of two separate offenses where they are based on conduct that occurred during the same criminal transaction, \u201cit clearly could have said so.\u201d Id. at 173. Accordingly, our supreme court concluded that there is no reason to apply the charging instrument approach when a defendant is charged with multiple offenses and the issue is whether, under King, one offense (theft) is a lesser included offense of the other (burglary).\nThe proper analysis here is to look at the statutory elements of the charged offenses to determine whether \u201call of the elements of one offense are included within a second offense and the first offense contains no element not included in the second offense.\u201d Id. at 166. Burglary requires a knowingly unlawful entry into a building with the intent to commit a theft therein; it does not require a \u201ctaking\u201d of property with the intent to permanently deprive the owner of the property as does theft. Id. at 176.\nTherefore, under the holding articulated in Miller, defendant\u2019s theft in the instant case is not a lesser included offense of his burglary. Accordingly, we affirm defendant\u2019s theft conviction and sentence of five years\u2019 imprisonment, to be served concurrently with his sentence of imprisonment for the burglary conviction.\nB. Restitution Order\nDefendant also contended that errors in the restitution order must be reviewed because defense counsel was ineffective by failing to object to the order and failing to raise the issue in the motion to reconsider the sentence. Alternatively, defendant raised plain error. We found that defendant was prejudiced as a result of defense counsel\u2019s inaction; the trial court ordered him to pay restitution in the amount of $7,000, not a small sum of money. We also noted that it was improper to make defendant\u2019s liability for restitution joint and several with the other defendants without indicating what the total liability might be. Therefore, we determined that, under the standard set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984), counsel was ineffective, and we vacated the order of restitution and remanded for a new restitution hearing on the actual damages. We have considered the impact of Miller. Miller does not alter our prior analysis, and the analysis and conclusion are adopted de novo.\nC. Sentencing Credit\nDefendant contended that he is entitled to credit toward his sentence for three additional days spent in custody from the day of his arrest through October 29, 2006, the day he was released on bail. The presentence report states that defendant was arrested on October 27, 2006. When a defendant is in custody for any portion of a day, he is entitled to credit for that day toward his sentence. 730 ILCS 5/5\u20148\u2014 7(b) (West 2004); People v. Dominguez, 255 Ill. App. 3d 995, 1005 (1994). The State conceded that defendant is entitled to credit for three additional days in custody.\nSupreme Court Rule 615(b)(1) allows this appellate court to modify the sentencing order without remand to reflect credit for the amount of time served in presentence custody. Ill. S. Ct. R. 615(b)(1); People v. Bussan, 306 Ill. App. 3d 836, 840 (1999). Therefore, we modified the mittimus to reflect credit for three additional days spent in custody. We have considered the impact of Miller. Miller does not alter our prior analysis, and the analysis and conclusion are adopted de novo.\nD. Statutory Assessment\nFinally, the State has requested attorney fees pursuant to section 4\u20142002(a) of the Counties Code (55 ILCS 5/4\u20142002(a) (West 2008)). Under People v. Kitch, 239 Ill. 2d 452 (2011), we grant to the State the statutory assessment of $50 against defendant as costs of this appeal. See 55 ILCS 5/4\u20142002(a) (West 2008). As the Kitch court explained, section 4\u20142002 of the Counties Code provides that a State\u2019s Attorney is entitled to a fee of $50 \u201c[f]or each case of appeal taken from his county *** to the Supreme or Appellate Court when prosecuted *** by him.\u201d 55 ILCS 5/4\u20142002(a) (West 2008). Here, the State\u2019s Attorneys Appellate Prosecutor (SAAP) defended the appeal. Under the applicable statutory scheme, any case in which SAAP appears is, by necessity, prosecuted or defended by a State\u2019s Attorney. See 55 ILCS 5/3\u20149005 (West 2008) (it is State\u2019s Attorney\u2019s duty to commence and prosecute all criminal actions arising out of his or her county). Moreover, under section 4.01 of the State\u2019s Attorneys Appellate Prosecutor\u2019s Act, SAAP attorneys are authorized to \u201crepresent the People of the State of Illinois\u201d in the appellate court \u201cwhen requested to do so and at the direction of [a] State\u2019s Attorney.\u201d 725 ILCS 210/ 4.01 (West 2008). Under this statute, a State\u2019s Attorney retains a central role in an appeal even where he uses SAAP\u2019s services, and SAAP attorneys may prepare, file, and argue briefs in the appellate court with the advice and consent of the State\u2019s Attorney. Therefore, we grant the State\u2019s Attorney a $50 fee under section 4\u20142002(a) of the Counties Code.\nFor the foregoing reasons, we affirm defendant\u2019s convictions and sentences for burglary and theft. We modify the mittimus to reflect three days\u2019 credit for time defendant spent in custody. The order of restitution is vacated; we remand the cause for a hearing on the actual damages. Finally, we grant the State its $50 statutory assessment as costs of this appeal.\nAffirmed as modified in part and vacated in part and cause remanded; statutory assessment of $50 entered against defendant.\nTwo codefendants pleaded guilty in different proceedings and received sentences of probation with restitution, but the record does not reveal the amount of restitution. Therefore, we do not know the total amount of joint and several liability, if it is redundant or conflicting with the order and evidence presented here.", "type": "majority", "author": "JUSTICE McLAREN" } ], "attorneys": [ "Patricia Unsinn, Deborah K. Pugh, and Pamela Z. O\u2019Shea, all of State Appellate Defender\u2019s Office, of Chicago, for appellant.", "John A. Barsanti, State\u2019s Attorney, of St. Charles (Lawrence M. Bauer and Sally A. Swiss, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TERRY L. HEINZ, Defendant-Appellant.\nSecond District\nNo. 2\u201407\u20140139\nOpinion filed March 31, 2011.\nPatricia Unsinn, Deborah K. Pugh, and Pamela Z. O\u2019Shea, all of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nJohn A. Barsanti, State\u2019s Attorney, of St. Charles (Lawrence M. Bauer and Sally A. Swiss, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." }, "file_name": "1016-01", "first_page_order": 1032, "last_page_order": 1041 }