People v. Gillespie 

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2014 IL App (4th) 121146
Decision Date: 
Monday, December 22, 2014
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
TURNER
(Court opinion corrected 12/30/14.) Defendant was convicted, after jury trial, of one count of robbery and two counts of aggravated criminal sexual assault. As main offense in case was a sex offense, not the predicate, Defendant's robbery conviction was for same robbery that was predicate offense of his aggravated criminal sexual assault conviction. Thus, robbery conviction violates one-act, one-crime rule. As automatic-transfer provision of Juvenile Court Act did not impose actual punishment, Defendant's eighth-amendment and proportionate-penalties arguments cannot stand. (POPE and KNECHT, concurring.)