Kane County Nuggets

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

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Aggravated Discharge of a Firearm Is Shot Focused Not Victim Focused

February 22, 2024 By Samuel Partida, Jr.

People v. Hartfield, 2022 IL 126729 (April). Episode 937 (Duration 11:17)

One shot means one conviction no matter how many people defendant is shooting at.

[Read more…]

Filed Under: Gun Crimes, Merging Counts, Speedy Trial Tagged With: Illinois Supreme Court, One Act-One Crime

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 Tagged With: One Act-One Crime

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 Tagged With: One Act-One Crime, Single Punch

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 Habitual Criminal, Armed Violence, Merging Counts Tagged With: One Act-One Crime

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: Consecutive, Merging Counts Tagged With: One Act-One Crime

Armed Habitual Criminal and Armed Violence Convictions Stand As Separate Convictions Without Merging

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 Tagged With: One Act-One Crime

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 Tagged With: One Act-One Crime, Single Punch

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: Consecutive, Merging Counts, Vehicular Hijacking Tagged With: One Act-One Crime

Categories

  • Accountability
  • Aggravated Battery
  • Appeal
  • Bail
  • Battery
  • Burglary
  • Charges
  • Confession
    • Attenuation
    • Miranda
    • Voluntary
  • Conflict Of Interest
  • Constitutional
  • Contempt Of Court
  • Criminal Possession
  • Discovery
  • Dismissal
  • Disorderly Conduct
  • Double Jeopardy
  • DUI
    • Actual Physical Control
    • Blood
    • DRE
    • Field Sobriety Tests
    • Proximate Cause
    • Suspension
  • Evidence
    • 115-10
    • Accomplice Testimony
    • DNA
    • Expert
    • Eyewitness
    • Hearsay
    • Opinion
    • Other Crimes
    • Over Hear
    • Prior Consistent Statement
    • Privilege
    • Silent Witness
    • Surveillance Privilege
  • Expungement
  • Felony Murder
  • Fitness For Trial
  • Grand Jury
  • Guilty Plea
  • Gun Crimes
    • Armed Habitual Criminal
    • Armed Violence
    • Reckless Discharge
    • UUW
  • Immigration
  • Indictment
  • Ineffective Assistance
    • Krankel Hearing
  • Joinder
  • Judicial Bias
  • Jury Instructions
  • Juvenile Justice
  • Lesser-Included
  • Mental State
    • Knowing
    • Recklessness
    • Sexual Gratification
  • Notice Requirement
  • Obstructing Justice
  • Postconviction Petition
  • Pre-Trial Detention
  • Procedure
  • Professional Responsibility
    • Conflict Of Interest
  • Prosecutorial Misconduct
  • Resisting Arrest
  • SCOTUS
  • Search & Seizure
    • Anonymous Tip
    • Community Care Taking
    • Consent To Search
    • Drug Dog
    • Exigent Circumstances
    • Good Faith Exception
    • Mistake of Law
    • Pat Down
    • Plain View
    • Probable Cause
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    • Search Incident To Arrest
    • Strip Search
    • Traffic Stop
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  • Second Degree Murder
  • Sentencing
    • Aggravation
    • Consecutive
    • Credit For Time Served
    • Dangerous Weapon
    • Enhancement
    • Extended Term
    • Fines & Fees
    • Forcible Felony
    • Gun Add-On
    • Life Sentence
    • Mandatory X
    • Merging Counts
    • Mitigation
    • Probation
    • Restitution
  • Sex Case
    • Child Porn
    • Grooming
    • SORA
  • Speedy Trial
  • Statute of Limitations
  • Structural Error
  • Threatening A Public Official
  • Trial
    • Affirmative Defense
    • Batson
    • Closing Argument
    • Confrontation
    • Immunity
    • Impeachment
    • Insanity Defense
    • Jury
    • Necessity Defense
    • Opening Statement
    • Pretrial Publicity
    • Self Defense
    • Stipulation
  • Vehicular Hijacking
  • Warrant

Tags

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