People v. Denson
407 Ill. App. 3d 1039
| Ill. App. Ct. | 2011Background
- Defendant charged with four counts of aggravated battery to Officer Lother arising from four acts, plus one count each of aggravated battery, resisting a peace officer, and disarming Officer Richards.
- Trial court provided a single issues instruction and a single verdict form for aggravated battery to Lother, despite four counts.
- State conceded at closing that only one charged aggravated-battery-to-Lother offense was before the jury.
- Jury returned a verdict of guilty on aggravated battery to Lother and not guilty on Richards-related charges; defendant received four concurrent three-year sentences.
- On appeal, defendant challenged multiple convictions and the State sought a fee under 55 ILCS 5/4-2002(a); SAAP represented the State on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May multiple counts of aggravated battery be sustained on a single instruction? | Denson | Denson | Only one conviction permitted; vacate remaining counts |
| Whether plain-error correction is authorized for the improper conviction count? | State conceded error; plain error discussed | Denson | Yes; plain-error correction authorized; vacate three convictions |
| Whether the State may recover 4-2002(a) fees where SAAP defended the appeal? | State seeks fee under 4-2002(a) for defended appeal | SAAP represented; fee inappropriate | Fee denied; State did not defend the appeal |
| What is the final judgment on the circuit court's verdicts after restructuring? | N/A | N/A | Judgment affirmed in part and vacated in part; three aggravated-battery convictions and sentences vacated |
Key Cases Cited
- People v. Crespo, 203 Ill.2d 335 (2001) (multiple-acts cannot support multiple convictions when jury treats acts as one offense)
- People v. Carter, 213 Ill.2d 295 (2004) (plain-error correction authority under Rule 615(a))
- First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill.2d 128 (1976) (if record simple, court may decide merits without appellee’s brief)
- People v. Williams, 235 Ill.2d 286 (2009) (State may recover costs on appeal when defendant is partially successful; distinction when the State confesses error)