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

One Punch And A Taking Equals Two Convictions One For Robbery And One For Battery

October 9, 2019 By Samuel Partida, Jr.

People v. Smith, 2019 IL 123901 (September). Episode 688 (Duration 8:30)

Illinois Supreme Court clarifies some one act one crime principles and puts some convictions back on the table. [Read more…]

Filed Under: Merging Counts

A Bill Of Particulars Makes Sense In Multiple Count Sex Cases

March 25, 2019 By Samuel Partida, Jr.

People v. Campos, 2019 IL App (1st) 152613 (January). Episode 606 (Duration 8:46)

In a sex case you have to be careful with exactly what the allegations are and how it comes out at trial.

[Read more…]

Filed Under: Merging Counts

UUW Felon Does Not Merge With Armed Violence

August 7, 2018 By Samuel Partida, Jr.

People v. Brown, 2018 IL App (3d) 150070-B (July). Episode 519 (Duration 5:48)

UUW Felon does not merge with armed violence predicated on drug possession. [Read more…]

Filed Under: Armed Violence, Merging Counts

What Does Lesser Includeds Have To Do With One Act – One Crime Principles?

March 26, 2018 By Samuel Partida, Jr.

People v. Curry, 2018 IL App (1st) 152616 (February). Episode 467 (Duration 8:24)

The possession with intent to deliver should have been vacated when he was convicted of armed violence (lesser included offense counts as same act). [Read more…]

Filed Under: Merging Counts

A One Act One Crime Correction: When Multiple Convictions Can Not Be Entered

March 21, 2018 By Samuel Partida, Jr.

People v. Coats, 2018 IL 121926 (January). Episode 466 (Duration 7:24)

One Act – One Crime principles needed a little cleaning up. [Read more…]

Filed Under: Merging Counts

A Single Punch To The Gut And Means There Was Just One Robbery

February 7, 2018 By Samuel Partida, Jr.

People v. Smith, 2017 IL App (1st) 151312 (October). Episode 451 (Duration 10:59)

One act – One crime principles will save this defendant 6 years. [Read more…]

Filed Under: Merging Counts

One Car Means One Vehicular Hijacking No Matter How Many Victims

November 9, 2016 By Samuel Partida, Jr.

People v. Jackson, 2016 IL App (1st) 133823 (October). Episode 254 (Duration 4:16)

One hijacked car means one aggravated vehicular hijacking even though there were two victims. [Read more…]

Filed Under: Merging Counts, Vehicular Hijacking

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