Defendant was found guilty but mentally ill of six counts of home invasion, one count of armed violence, three counts of attempted aggravated kidnapping, one count of aggravated domestic battery, six counts of aggravated battery, and two counts of aggravated unlawful use of a weapon. On appeal, defendant argued that the trial court’s findings of guilty but mentally ill were against the manifest weight of the evidence, that she was denied the effective assistance of counsel, that she could not be convicted of aggravated kidnapping of her own child, and that her conviction of aggravated domestic battery must be vacated under the one-act, one-crime doctrine. The appellate court affirmed the convictions of home invasion, armed violence, aggravated battery, and unlawful use of a weapon. The appellate court modified the convictions of attempted aggravated kidnapping to the lesser-included offenses of unlawful restraint and attempted unlawful restraint and remanded for resentencing. Finally, the appellate court reversed the convictions of aggravated domestic battery and aggravated battery and vacated the sentence imposed for aggravated domestic battery. (JORGENSEN and MULLEN, concurring)
Illinois Appellate Court
Criminal Court
Guilty but Mentally Ill