People v. Lane
2017 IL App (1st) 151988
| Ill. App. Ct. | 2017Background
- Defendant Benjamin Lane was charged with domestic battery for allegedly striking his ex-girlfriend, Raven Austell, about the head and causing injury.
- Austell testified defendant reached through her car window and punched her after she went to retrieve keys and return a parking pass.
- Defendant denied punching her, claiming a struggle over the parking pass and that she reluctantly returned it.
- Trial court found defendant guilty of reckless conduct (an offense not charged) as a lesser-included offense of domestic battery, concluding he recklessly hit Austell during a struggle for the pass.
- Defendant moved posttrial arguing reckless conduct was not a lesser-included offense of domestic battery; the trial court denied the motion.
- On appeal, the First District affirmed, holding the charging instrument and evidence supported conviction for reckless conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reckless conduct is a lesser-included offense of domestic battery | The domestic battery charge alleged an act that caused bodily harm and alleged a more culpable mental state (knowingly/intentionally), which can include recklessness | Reckless conduct is not a lesser-included offense of domestic battery (defendant argued lack of notice) | Yes. Reckless conduct is a lesser-included offense here; knowledge/intent in the indictment supplies the necessary "broad foundation" and evidence supported acquittal of the greater offense and conviction of the lesser |
Key Cases Cited
- People v. Clark, 2016 IL 118845 (Illinois Supreme Court) (defines "charging instrument" approach for lesser-included offenses and the standards for conviction of an uncharged lesser offense)
- People v. Williams, 293 Ill. App. 3d 276 (Ill. App. Ct.) (recognizes reckless conduct as lesser-included where indictment alleges a greater mental state)
- People v. Fornear, 176 Ill. 2d 523 (Ill. 1997) (discusses relative culpability: recklessness is less culpable than knowledge)
- People v. Gordon, 116 Ill. App. 2d 260 (Ill. App. Ct.) (same point on mental-state hierarchy)