People v. Lye

Defendant was found guilty of 12 counts of aggravated criminal sexual abuse of a minor, 14 counts of producing child pornography, and 18 counts of possession of child pornography and was sentenced in absentia to an aggregate 109-year term in prison. On appeal, defendant argued that most of the production counts should be merged into a single offense because he “placed a security video to capture video” and, as a result, many of the recordings were based on automation. The appellate court rejected most of defendant’s contentions and affirmed, but vacated two of the counts by finding that they were improper surplus convictions that should not have resulted in multiple sentences. (KENNEDY and JORGENSEN, concurring)