Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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The Predicate Offenses in A Home Invasion Are Lesser Included Offenses

November 1, 2022 By Samuel Partida, Jr.

People v. Reveles-Cordova, 2020 IL 124797 (November). Episode 832 (Duration 11:44)

Illinois Supreme Court says a home invasion predicated on a rape is a single conviction and the rape, merges, as a lesser-included offense.

[Read more…]

Filed Under: Lesser-Included, Merging Counts

What Is Involuntary Manslaughter?

February 14, 2020 By Samuel Partida, Jr.

In Illinois involuntary manslaughter is an unintentional killing. It results when a person acts recklessly such that their conduct leads to the death of another individual.

[Read more…]

Filed Under: Lesser-Included, Second Degree Murder

“Any Evidence” Justifies A Lesser Included Instruction (Not Any “Credible” Evidence)

January 25, 2017 By Samuel Partida, Jr.

People v. McDonald, 2016 IL 118882 (December). Episode 287 (Duration 4:45)

What’s the appropriate standard a reviewing court should follow when deciding whether there was error in not giving a lesser included instruction: Abuse of discretion or de novo review?

[Read more…]

Filed Under: Lesser-Included

Lesser Included On A Gun Charge Is Kind Of Trickey

April 26, 2016 By Samuel Partida, Jr.

People v. Clark, 2016 IL 118845 (March). Episode 163 (Duration 7:02)

Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm. [Read more…]

Filed Under: Illinois Gun Crimes, Lesser-Included

In Illinois We Use The Charging Instrument Approach To Determine A Lesser Included Offense

August 25, 2014 By Samuel Partida, Jr.

People v. Moman, 2014 IL App (1st) 130088 (August). Was this uncharged conviction proper?

Lesser included offense Illinois analysis means that obstructing a peace officer is probably always a lesser  included offense of aggravated battery to a peace officer. Apparently, he kicked a correctional officer while in the Cook County jail. He was acquitted after a bench trial but found guilty of the lesser-included offense of obstructing a peace officer. [Read more…]

Filed Under: Lesser-Included

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