People v. Whitehead

This case presents question as to whether battery that took place on stoop located immediately upon threshold of apartment door, within privately owned apartment complex, allowed State to charge defendant with Class 3 felony because said battery occurred in “public place of accommodation.” Appellate Court, in affirming defendant’s Class 3 felony conviction for aggravate battery, found that said stoop was public place of accommodation because members of public could approach apartment door and stand on stoop, and because area where offense occurred was accessible to public. In his petition for leave to appeal, defendant argued that Appellate Court held too broad of definition of public place of accommodation and undermined constitutionality of increased penalty associated with location-based aggravated battery.