People v. Burney, 963 N.E.2d 430

4/2010 jury convicted Burney of residential burglary and criminal trespass to a residence; 8/2008 charging information; suppression of show-up voice ID and towel/bag evidence; mistrial due to undisclosed witness; dog-tracking evidence excluded; 5/2010 sentencing to concurrent prison terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	State’s evidence supported burglary and trespass	Evidence insufficient beyond reasonable doubt	Guilty verdicts supported by sufficient evidence
One-act, one-crime rule	Convictions for burglary and trespass based on same entry act	Two offenses based on same act; not separate	Criminal trespass to a residence vacated; remanded for amended sentence
Reimbursement for public defender	Court-ordered reimbursement proper under statute	Love hearing required before reimbursement	Vacate reimbursement order and remand for proper Love hearing
Credit against fine and DNA-fee treatment	DNA fee treated as fee; credit not required	Entitled to presentence credit for time in custody	DNA-analysis fee is a fee not subject to presentence credit; credit denied; fees remanded for proper authority review
Hearsay and confrontation/public-defender issues in closing	Admissibility and fair trial issues argued by defendant	Prejudicial error and/or ineffective assistance	No plain error or ineffective assistance; closing remarks did not mandate reversal

People v. Campbell, 146 Ill.2d 363 (1992) (elements of residential burglary defined; general principles cited)
Crawford v. Washington, 541 U.S. 36 (2004) (confrontation clause requires cross-examination for testimonial statements)
Davis v. Washington, 547 U.S. 813 (2006) (distinguishes testimonial vs. nontestimonial statements)
Stechly, 225 Ill.2d 246 (2007) (framework for identifying testimonial statements)
Sutton, 233 Ill.2d 89 (2009) (excited-utterance analysis; totality of circumstances)
Michigan v. Bryant, 131 S. Ct. 1143 (2011) (ongoing emergency and primary purpose of interrogation)