People v. Howard

Illinois Appellate Court
Criminal Court
Battery
Citation
Case Number: 
2012 IL App (3d) 100925
Decision Date: 
Tuesday, May 29, 2012
District: 
3d Dist.
Division/County: 
Knox Co.
Holding: 
Affirmed as modified.
Justice: 
HOLDRIDGE
(Court opinion corrected 6/11/12.) Defendant was convicted of aggravated domestic battery. Evidence failed to establish that Defendant and victim were in a dating relationship, with romantic focus; instead, evidence established their non-exclusive physical relationship consisting of random sexual encounters. Thus, conviction should be reduced to aggravated battery. (O'BRIEN, concurring; SCHMIDT, dissenting.)