People v. Artis

State: Illinois

Docket No: 105751 Rel

Case Date: 01/23/2009

Preview:Docket No. 105751.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MAURICE A. ARTIS, Appellee. Opinion filed January 23, 2009.

JUSTICE GARMAN delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Karmeier, and Burke concurred in the judgment and opinion.

OPINION The issues in this appeal are whether this court should abandon the one-act, one-crime doctrine of People v. King, 66 Ill. 2d 551 (1977), and if not, whether the State should be allowed to exercise its prosecutorial discretion on appeal to choose which conviction should survive and which should be vacated, where both offenses are of the same legislative classification. BACKGROUND In September 2003, defendant, Maurice A. Artis, entered a plea of guilty in the circuit court of Will County to two counts of aggravated criminal sexual assault, perpetrated during the course of residential burglary and home invasion (720 ILCS 5/12

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