People v. Hardin

Illinois Appellate Court
Criminal Court
Fair Trial
Citation
Case Number: 
2012 IL App (1st) 100682
Decision Date: 
Wednesday, August 22, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
MURPHY
Defendant was convicted, after bench trial, of two counts of aggravated discharge of a firearm in direction of vehicle occupied by peace officer, and one count of aggravated discharge of firearm. One-act, one-crime doctrine applies as two police officers in same vehicle were not the subject of criminal act where it was directed at vehicle. Defendant may only be convicted of one crime because he committed single criminal act where he fired one shot at one vehicle. Statute prohibits discharge of firearm in direction of vehicle known to be occupied by peace officer, rather than in direction of a person known to be a peace officer. (NEVILLE, concurring; SALONE, concurring in part and dissenting in part.)