People v. Reese

The offense of aggravated vehicular hijacking encompasses taking actual physical possession of a vehicle but may also be committed when a defendant exercises control of the vehicle by use of force or threat of force with the victim still present. The charges of aggravated vehicular hijacking and vehicular invasion are based on the same physical act, and thus the vehicular invasion conviction must be vacated under the one-act, one-crime rule. An extended-term sentence may be imposed only on offenses within the most serious class of felony. Proper remedy is to affirm the extended-term sentence on the most serious offense and reduce the sentences on the lesser class felonies to the maximum nonextended term.(KARMEIER, FREEMAN, THOMAS, GARMAN, and THEIS, concurring; BURKE, concurring in part and dissenting in part.)