By Samuel Partida, Jr.
People v. Harris, 2024 IL App (3d) 230406 (August). Episode 1066 (Duration 5:22)
AHC statute is clear and unambiguous and that it allows the State to use two or more drug offenses that occurred on separate days but were charged in the same bill of indictment and the same case to satisfy the predicate offense element of the statute
[Read more…]By Samuel Partida, Jr.
People v. Acklin, 2020 IL App (4th) 180588 (October). Episode 829 (Duration 7:08)
Defendant had permission to enter the residence but did not have authority to remain within it.
[Read more…]By Samuel Partida, Jr.
People v. Sweigart, 2021 IL App (2d) 180543 (February). Episode 807 (Duration 13:37)
The language in the charging instrument effects exactly what the state does and does not have to prove in a SORA violation case.
[Read more…]By Samuel Partida, Jr.
People v. Hayden, 2018 IL App (4th) 160035 (December). Episode 577 (Duration 7:14)
Predatory reversed due to non severance of the charges.
[Read more…]By Samuel Partida, Jr.
People v. Frazier, 2017 IL App (5th) 140493 (July). Episode 399 (Duration 6:44)
No error here where defense counsel waited to object to an insufficient complaint until after the trial started.
[Read more…]By Samuel Partida, Jr.
People v. Smith, 2017 IL App (1st) 161231 (May). Episode 365 (Duration 5:38)
Although artful and creative state can’t avoid compulsory joinder requirements with careful charging decision.
[Read more…]By Samuel Partida, Jr.
People v. Staake, 2016 IL App (4th) 140638 (November). Episode 260 (Duration 9:52)
Second degree murder is not a lesser included offense of first degree murder; it is a lesser mitigated offense of first degree murder.
[Read more…]By Samuel Partida, Jr.
People v. Carey, 2016 IL App (1st) 131944 (August). Episode 228 (Duration 7:35)
Felony murder indictment failed to specify which predicate offense his felony murder was based on, conviction reversed.
[Read more…]By Samuel Partida, Jr.
People v. Espinoza, 2015 IL 118218 (December 2015). Episode 121 (Duration 7:59)
To what extent must the state identify the victim in the charging instrument?
[Read more…]By Samuel Partida, Jr.
People v. Jackson, 2017 IL App (3d) 150154 (September). Episode 411 (Duration 11:31)
Again, State charges under the wrong SORA provision.
[Read more…]