People v. O’Brien

Defendant was convicted, after bench trial, of 1 count of aggravated battery and 1 count of aggravated domestic battery of his 80-year old stepfather. Defendant's trial on an amended charge after he withdrew his guilty plea did not violate prohibition against double jeopardy. Defendant's agreement with State was only that specific charges would be dismissed, and the State kept its end of the bargain. Defendant is not entitled to the restoration of his guilty plea to aggravated battery with possibility of probation. The one-act, one-crime rule bars convictions of both counts because they were based on the same physical act. Remanded to trial court to determine which conviction to vacate.(JORGENSEN, concurring; HUTCHINSDON, dissenting.)