People v. Smith
89 N.E.3d 1011
Ill. App. Ct.2018Background
- On Nov. 16, 2009, William Burtner (age 65) left a VFW post carrying bank deposit bags and a cigar box; while approaching the bank he was punched from behind, fell, and deposit property was taken.
- Burtner suffered fractured left ribs consistent with being punched; he later died and the medical examiner ruled death a homicide with fractured ribs from an assault a significant contributory factor.
- Smith (passenger) and Brown (driver) fled in a black car; police recovered the deposit bags and money from the vehicle and over $1,000 from Brown; DNA from the passenger side matched Smith.
- At bench trial, defendants were acquitted of first-degree murder but convicted of robbery and aggravated battery of a senior citizen; aggravated battery counts were merged; robbery was elevated because victim was over 60.
- Smith was sentenced to 12 years for robbery and a consecutive 6 years for aggravated battery of a senior citizen; he appealed only the aggravated-battery conviction under the one-act, one-crime doctrine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated battery of a senior citizen must be vacated under one-act, one-crime when based on the same physical act as robbery | State: robbery and battery rest on separate acts — the punch was one act and the taking of bags was a separate act supporting robbery | Smith: only one physical act (the single punch) was proven; that same act cannot support two convictions | Court: Vacated aggravated-battery conviction; both convictions were based on the single punch and no separate forceful taking was shown |
Key Cases Cited
- People v. Johnson, 237 Ill. 2d 81 (Illinois Supreme Court) (one-act, one-crime review and principles)
- People v. King, 66 Ill. 2d 551 (Illinois Supreme Court) (definition of an "act" for one-act, one-crime rule)
- People v. Rodriguez, 169 Ill. 2d 183 (Illinois Supreme Court) (analysis on when separate acts permit multiple convictions)
- People v. Enoch, 122 Ill. 2d 176 (Illinois Supreme Court) (forfeiture of claims not raised below)
- People v. Pearson, 331 Ill. App. 3d 312 (App. Ct.) (distinguishable precedent where separate physical acts supported robbery and battery)