People v. Morgan - Corrected 11/06/08

State: Illinois

Court: 3rd District Appellate

Docket No: 3-06-0605 Rel

Case Date: 09/30/2008

Preview:No. 3--06--0605 _________________________________________________________________ Filed September 30, 2008-CORRECTION IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2008 THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of the 10th Judicial Circuit, ) Tazewell County, Illinois, Plaintiff-Appellee, ) ) v. ) No. 06--CF--47 ) HERSHEL MORGAN, ) Honorable ) J. Peter Ault, Defendant-Appellant. ) Judge, Presiding. _________________________________________________________________ JUSTICE CARTER delivered the opinion of the court: _________________________________________________________________ Pursuant to a fully negotiated plea agreement, the trial court found the defendant, Hershel Morgan, guilty of, among other things, four counts of home invasion (720 ILCS 5/12--11(a) (West 2004)). The court sentenced the defendant to four concurrent 30On appeal, the defendant

year prison terms for these offenses.

argues that three of his home invasion convictions and sentences should be vacated under one-act, one-crime principles. We agree,

and accordingly, we vacate three of the defendant's convictions and sentences for home invasion. I. BACKGROUND The State charged the defendant with having committed seven offenses on December 20, 2005. The State alleged that the

defendant committed four counts of home invasion by entering a residence in Tazewell County and: (1) threatening K. M. with a knife; (2) threatening Corey Buhs with a knife; (3) committing aggravated criminal sexual assault against K. M. by placing his penis in her mouth; and (4) committing aggravated criminal sexual assault against K. M. by placing his penis in her vagina. also charged with having committed two counts of aggravated criminal sexual assault, as described above. Additionally, the He was

State submitted that the defendant committed a residential burglary during the incident. The defendant agreed to plead guilty to these seven offenses in exchange for the State: (1) recommending specific sentences; (2) agreeing not to charge the defendant for other offenses in Tazewell County that were under investigation; and (3) dismissing a felony charge in Peoria County. After the State presented the

factual basis for the seven counts, the court accepted the defendant's guilty plea and the terms of the negotiated agreement. The court sentenced the defendant to: (1) two

consecutive 22

Download People v. Morgan - Corrected 11/06/08.pdf