The evidence is probably sufficient to conclude the pool house is a dwelling because its use and structure support the theory that it is an extension of the living quarters.
The State will likely be able to prove the Hernandezes’ pool house constitutes a dwelling because the facts support that its construction resembles that of the main dwelling and that it is frequently used for similar purposes as the living quarters, such as eating, sitting, watching television, and hosting friends.
As defined in ILCS §5/19-3, “a person commits residential burglary when he knowingly enters or remains within the dwelling place of another, or any part thereof, with the intent to commit a felony.” For the purpose of this statute, dwelling is defined as “a house, apartment, mobile home, trailer, or other living quarters” in which a person “actually resides.”…