People v. Avendano

Defendant was convicted of three counts of predatory criminal sexual assault of a child and was sentenced to six years in prison on each count, to be served consecutively. Defendant appealed, arguing that his convictions violated the one-act, one-crime doctrine, that the indictments deprived him of his due process right to be protected from double jeopardy, and that the trial court made errors in the admission of evidence. The appellate court affirmed, finding that the verdict did not violate the one-act, one-crime doctrine where there was evidence of three different acts of predatory criminal sexual assault and where the jury was sufficiently informed of the need to find defendant guilty of three separate acts. The appellate court further found that defendant was not subjected to double jeopardy and that the trial court did not err in its admission of evidence or exhibit bias in its rulings. (McLAREN and JORGENSEN, concurring)