People v. Whitehead

Defendant was convicted of two counts of aggravated battery in a place of public accommodation and appealed, arguing that his conviction should be reduced to simple battery because it was not committed “on or about a public place of accommodation.” The appellate court affirmed defendant’s conviction, finding that the stoop where the victim was battered was a public place of accommodation pursuant to section 12-3.05(c) of the Criminal Code. The Supreme Court reversed the judgment of the appellate court and vacated defendant’s conviction for aggravated battery and entered a conviction for simple battery. The court found that the legislature did not intend for the term “public place of accommodation or amusement” to be so broadly constructed “as to include any place accessible to the public no matter how limited that access or minor the convenience.” (THEIS, OVERSTREET, and HOLDER WHITE, concurring. CUNNINGHAM and O’BRIEN took no part in the decision.)