People v. O’Brien

Illinois Appellate Court
Criminal Court
Aggravated Domestic Battery
Citation
Case Number: 
2021 IL App (2d) 210060
Decision Date: 
Wednesday, September 29, 2021
District: 
2d Dist.
Division/County: 
De Kalb Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Aggravated domestic battery under section 12-3.3(a) of Criminal Code  is a more serious offense than aggravated battery under section 12-3.05(a)(4) of the Code. Under the one-act, one-crime rule, Defendant's convictions of these 2 offenses merged because they were based on the same physical act. Trial court correctly vacated the aggravated battery charge. (BRIDGES and McLAREN, concurring.)