Illinois Supreme Court Holds That Armed Violence and Armed Habitual Criminal Convictions Do Not Constitute “One Act, One Crime” Violations.

In this case, the defendant was arrested for possession of a weapon as well as narcotics. He was convicted of armed habitual criminal and armed violence, leading to consecutive sentences. The defendant appealed, complaining that the possession of the weapon was a single act that should not lead to 2 convictions and consecutive sentences.

The Illinois Supreme Court disagreed, holding that the two offenses are not identical as one also involves the possession of narcotics. The Illinois Supreme Court went through existing case law to explain when there is a one act one crime violation, and held here that in this case the multiple convictions were proper.

The case is People v. Leshawn Coats.

http://www.illinoiscourts.gov/Opinions/SupremeCourt/2018/121926.pdf

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