People v. Smith

Illinois Appellate Court
Criminal Court
Battery
Citation
Case Number: 
2018 IL App (1st) 151312-B
Decision Date: 
Thursday, June 14, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
HYMAN

(Court opinion corrected 7/11/18.) Defendant was convicted of aggravated battery of a senior citizen and robbery. Convictions violate the one-act, one-crime principle, as the basis for both convictions was Defendant's single physical act of punching the victim.  There was no evidence that Defendant used another act of force to take the money from victim. Conviction for aggravated battery of a senior citizen is less serious than robbery of a senior citizen, and is thus vacated. (NEVILLE and PUCINSKI, concurring.)