People v. Hauschild

State: Illinois

Docket No: 102468 Rel

Case Date: 06/07/2007

Preview:Docket No. 102468.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JOSEPH HAUSCHILD, Appellant. Opinion filed June 7, 2007.

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

OPINION Following a jury trial in the Kane County circuit court, defendant, Joseph Hauschild, was convicted of, inter alia, home invasion, armed robbery and attempted first degree murder. Defendant appealed and the appellate court originally reversed his convictions for armed robbery and home invasion, substituted a conviction for simple robbery and remanded for resentencing. Following a grant of the State's petition for rehearing, the appellate court affirmed defendant's convictions and remanded for resentencing on the armed robbery and attempted murder convictions. 364 Ill. App. 3d 202. This court allowed defendant's petition for leave to appeal. 210 Ill. 2d R. 315. For the reasons that follow, we affirm in part and reverse in part the judgment of the appellate court.

BACKGROUND On August 14, 2001, defendant and codefendant, Ethan Warden, broke into a residence occupied by Thomas Wright and his family. Defendant and Warden were each armed with a handgun. The two men entered the master bedroom, awakened Wright and his wife, and demanded a safe. Wright struggled with one of the defendants, and both defendants fired their weapons. Two shots hit Wright, causing life-threatening wounds to his chest and abdomen, as well as serious wounds to his right arm and left leg. The defendant and Warden then fled the scene carrying a lockbox. On September 14, 2001, defendant was indicted for attempted first degree murder (720 ILCS 5/8

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