People v. Chambers

State: Illinois

Court: 3rd District Appellate

Docket No: 3-09-0949 Official Reports

Case Date: 08/12/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Chambers, 2011 IL App (3d) 090949

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PATRICK CHAMBERS, Defendant-Appellant.

District & No.

Third District Docket No. 3-09-0949 August 12, 2011 In a prosecution for two counts of felony domestic battery, the trial court properly admitted, under section 115-20 of the Code of Criminal Procedure, evidence of defendant's prior incident of domestic battery with the same victim, but the imposition of extended-term sentences was an improper double enhancement where the same prior conviction was used to elevate the domestic battery counts to felonies and as a basis for imposing the extended terms.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Will County, No. 08-CF-3032; the Hon. Daniel J. Rozak, Judge, presiding.

Judgment

Affirmed in part; sentence reduced; and remanded with directions.

Counsel on Appeal

Kerry J. Bryson, of State Appellate Defender's Office, of Ottawa, for appellant. James Glasgow, State's Attorney, of Joliet (Terry A. Mertel and Dawn D. Duffy, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

PRESIDING JUSTICE CARTER delivered the judgment of the court, with opinion. Justices Lytton and Schmidt concurred in the judgment and opinion.

OPINION

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