People v. King

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2017 IL App (1st) 142297
Decision Date: 
Friday, May 12, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
GORDON

Defendant was convicted, after bench trial, of home invasion, residential burglary, aggravated battery, and aggravated unlawful restraint. Defendant failed to assert a clear claim of ineffective assistance of counsel, and thus trial court's duty to conduct a Krankel inquiry was not triggered. Simultaneous convictions of home invasion and residential burglary do not violate one-act, one-crime rule, because criminal conduct that was basis of those offenses consisted of multiple physical acts instead of precisely the same physical act. Residential burglary is not a lesser included offense of home invasion.Conviction for aggravated unlawful restraint must be vacated pursuant to one-act, one-crime rule because Defendant's action of unlawfully restraining her sister was inherent in aggravated battery.(LAMPKIN and REYES, concurring.)