People v. Scott

(Court opinion corrected 12/8/15.) Defendant was convicted, after bench trial, of 2 counts of armed robbery, 2 counts of aggravated discharge of a firearm, and 1 count of aggravated battery with a firearm, and sentenced to aggregate term of 43 years. Defendant pointed a gun at pizza delivery driver, and told him not to move; and shot driver's teenage niece, hitting her in the thigh. Evidence does not support conviction for attempted armed robbery, as Defendant never demanded pizza or other property, and thus actions were not a substantial step toward armed robbery. Under one-act, one-crime doctrine, Defendant cannot be convicted of both armed robbery of niece and attempted armed robbery of driver where there was only one attempt to take pizza from niece. Under same rule, Defendant's single act of firing at niece cannot be basis for multiple convictions, and sentence should be imposed on more serious offense.  Thus, convictions for aggravated battery with a firearm and aggravated discharge of a firearm are vacated. State's participation in preliminary Krankel inquiry created adversarial situation requiring reversal in claim of ineffective assistance of counsel.(PIERCE and NEVILLE, concurring.)