People v. Coats, 2018 IL 121926 (Ill. 2018). · Go Syfert
People v. Coats, 2018 IL 121926 (Ill. 2018). Cases Citing This Book View Copy Cite
“hen a defendant fails to present an argument on how either of the two prongs of the plain-error doctrine is satisfied, he forfeits plain-error review.”
481 citation events (481 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Arrendondo (illappct, 2023-06-29)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) People v. Arrendondo (2×) also: Cited "see"
Ill. App. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence low
hen a defendant fails to present an argument on how either of the two prongs of the plain-error doctrine is satisfied, he forfeits plain-error review.
cited Cited as authority (rule) People v. Stanley
Ill. App. Ct. · 2026 · confidence medium
People v. Coats, 2018 IL 121926, ¶ 11 (citing People v. King, 66 Ill. 2d 551, 566 (1977)).
discussed Cited as authority (rule) People v. Stubblefield
Ill. App. Ct. · 2025 · confidence medium
People v. Coats, 2018 IL 121926, ¶ 9 (“one-act, one-crime violations fall within the second prong of the plain error doctrine as an obvious error so serious that it challenges the integrity of the judicial process”). ¶ 63 The State concedes that kidnapping is a lesser-included offense of aggravated criminal sexual assault predicated on kidnapping.
discussed Cited as authority (rule) People v. Corral
Ill. App. Ct. · 2025 · confidence medium
See People v. Rodriguez, 169 Ill. 2d 183, 188-89 (1996); Coats, 2018 IL 121926, ¶ 16 (“holding that multiple convictions for residential burglary and home invasion were proper because, despite the one act of entry into the victim’s home which served as the basis for both convictions, the home invasion offense involved an additional act of intentional injury and, therefore, the two offenses were not carved from precisely the same physical act” (citing People v. Lobdell, 121 Ill.
discussed Cited as authority (rule) People v. Scott
Ill. App. Ct. · 2024 · confidence medium
This rule provides “that a criminal defendant may not be convicted of multiple offenses when those offenses are all based on precisely the same physical act.” People v. Coats, 2018 IL 121926, ¶ 11 (citing People v. King, 66 Ill. 2d 551, 566 (1977)).
cited Cited as authority (rule) People v. Reveles
Ill. App. Ct. · 2024 · confidence medium
Coats, 2018 IL 121926, ¶¶ 15, 26 . -7- No. 1-22-0253 contains no element that the second offense lacks, the first offense is a lesser included offense of the second.
discussed Cited as authority (rule) People v. Jaquez
Ill. App. Ct. · 2024 · confidence medium
Coats, 2018 IL 121926, ¶ 12 . ¶ 23 For purposes of the rule, an “act” is “ ‘any overt or outward manifestation which will support a different offense.’ ” Coats, 2018 IL 121926, ¶ 15 (quoting People v. King, 66 Ill. 2d 551, 566 (1977)).
cited Cited as authority (rule) People v. Ortega
Ill. App. Ct. · 2023 · confidence medium
People v. Coats, 2018 IL 121926, ¶ 11 (“a criminal - 11 - No. 1-22-0254 defendant may not be convicted of multiple offenses when those offenses are all based on precisely the same physical act.”).
discussed Cited as authority (rule) People v. Rubio (2×) also: Cited "see"
Ill. App. Ct. · 2023 · confidence medium
App. 3d at 950-51 . ¶ 15 In People v. King, 66 Ill. 2d 551 (1977), our supreme court held that “a criminal defendant may not be convicted of multiple offenses when those offenses are all based on precisely the same physical act.” People v. Coats, 2018 IL 121926, ¶ 11 (citing King, 66 Ill. 2d at 566 ).
examined Cited as authority (rule) People v. Howard (4×) also: Cited "see"
Ill. App. Ct. · 2022 · confidence medium
The “one-act, one-crime” doctrine provides that a criminal defendant “may not be convicted of multiple offenses when those offenses are all based on precisely the same physical act.” Coats, 2018 IL 121926, ¶ 11 (citing King, 66 Ill. 2d at 566 ).
cited Cited as authority (rule) People v. Smith
Ill. · 2020 · confidence medium
Coats, 2018 IL 121926, ¶ 11 (citing King, 66 Ill. 2d at 566 ). ¶ 14 Initially, we note that both defendants forfeited their claims by failing to raise this issue in the trial court.
cited Cited as authority (rule) People v. Lard
Ill. App. Ct. · 2020 · confidence medium
People v. Coats, 2018 IL 121926, ¶ 11 (citing King, 66 Ill. 2d at 566 ).
cited Cited as authority (rule) People v. Henry
Ill. App. Ct. · 2020 · confidence medium
People v. Coats, 2018 IL 121926, ¶ 11 (citing King, 66 Ill. 2d at 566 ).
examined Cited as authority (rule) People v. Phillips (3×) also: Cited "see"
Ill. App. Ct. · 2020 · confidence medium
Our supreme court has consistently defined an “act” as “any overt or outward manifestation which will support a different offense.” Coats, 2018 IL 121926, ¶ 15 (quoting People v. King, 66 Ill. 2d 551, 566 (1977)).
discussed Cited as authority (rule) People v. Mayorga (2×) also: Cited "see"
Ill. App. Ct. · 2019 · confidence medium
Coats, 2018 IL 121926, ¶ 15 (despite common act of possession of a handgun which served as the basis for defendant’s armed habitual criminal and armed violence convictions, the Supreme Court found two physical acts because the armed violence conviction involved an additional, separate act, possession of drugs); People v. Rodriguez, 169 Ill. 2d 183, 187 (1996) (as long as there are multiple physical acts, “their interrelationship does not preclude multiple convictions”) (quoting People v. Myers, 85 Ill. 2d 281, 288 (1981)). ¶ 49 In order to commit intimidation, defendant must have: (1) …
cited Cited as authority (rule) People v. Smith
Ill. · 2019 · confidence medium
Coats, 2018 IL 121926, ¶ 11 (citing King, 66 Ill. 2d at 566 ). ¶ 14 Initially, we note that both defendants forfeited their claims by failing to raise this issue in the trial court.
cited Cited as authority (rule) People v. Brown
Ill. App. Ct. · 2018 · confidence medium
Brown’s felon status is not an “overt or outward manifestation” but “a state of being.” (Internal quotation marks omitted.) Coats, 2018 IL 121926, ¶¶ 15, 27 .
examined Cited as authority (rule) People v. Anderson (3×) also: Cited "see"
Ill. App. Ct. · 2018 · confidence medium
The court reminded that “a defendant can be convicted of two offenses even when they share a common act, as long as there is an additional act that can support a separate offense.” Coats, 2018 IL 121926, ¶ 26 (citing Rodriguez, 169 Ill. 2d at 189 ). ¶ 81 Because defendant’s possession of a handgun and his possession of drugs were separate acts, there is no violation under the first step of the King doctrine.
cited Cited "see" People v. Brown
Ill. App. Ct. · 2026 · signal: see · confidence high
See Coats, 2018 IL 121926, ¶ 12 .
discussed Cited "see" People v. Chambliss
Ill. · 2026 · signal: see · confidence high
See Coats, 2018 IL 121926, ¶ 10 (one-act, one-crime violation is error “so serious that it challenges the integrity of the judicial process”); Artis, 232 Ill. 2d at 168 (noting “one-act, one-crime violations as adversely affecting the integrity of the judicial process”); Samantha V., 234 Ill. 2d at 378 (“a one-act, one-crime violation affects the integrity of the judicial process”); Clark, 2016 IL 118845, ¶ 47 (“unauthorized conviction challenges the integrity of the judicial process”); Vargas, 174 Ill. 2d at 366 (“[T]otal judicial absence for a portion of a felony trial **…
discussed Cited "see" People v. Rosenbalm (2×) also: Cited "see, e.g."
Ill. App. Ct. · 2025 · signal: see · confidence high
See Coats, 2018 IL 121926 , ¶ 26. ¶ 69 Importantly, the charging document identified which distinct action supported which charge.
discussed Cited "see" In re D.M.
Ill. App. Ct. · 2025 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 (“[O]ne-act, one-crime violations fall within the second prong of the plain-error doctrine as an obvious error so serious that it challenges the integrity of the judicial process.”); see also In re Samantha V., 234 Ill. 2d 359 , 378-79 (2009) (“[I]t is well established that a one-act, one-crime violation affects the integrity of the judicial process, thus satisfying the second prong of the plain-error test.”).
cited Cited "see" People v. Cobb
Ill. App. Ct. · 2025 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 32 (absent an error, there is no plain error). ¶ 98 III.
cited Cited "see" Dante Small v. Ryan Woods
7th Cir. · 2025 · signal: see · confidence high
See People v. Coats, 104 N.E.3d 1102 , 1105–06 (Ill. 2018) (explaining “one-act, one-crime” rule).
cited Cited "see" People v. Jones-Snow
Ill. App. Ct. · 2025 · signal: see · confidence high
See People v. Johnson, 2018 IL App (3d) 150679, ¶ 27 (citing People v. Coats, 2018 IL 121926, ¶ 12 ).
discussed Cited "see" People v. Johnson
Ill. App. Ct. · 2025 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 . ¶ 81 The Illinois Supreme Court has held that when the State charges a defendant with multiple offenses which arise from a series of incidental or closely related acts—and the offenses are not, by definition, lesser included offenses—multiple convictions and sentences can be entered.
discussed Cited "see" People v. Crowder
Ill. App. Ct. · 2025 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 (one-act, one- crime violations fall within the second prong of the plain error doctrine as “an obvious error so serious that it challenges the integrity of the judicial process”). ¶ 67 The one-act, one-crime doctrine provides that a defendant cannot be convicted of multiple offenses based on the same physical act.
cited Cited "see" People v. Williamson
Ill. App. Ct. · 2024 · signal: see · confidence high
See Coats, 2018 IL 121926, ¶ 16 (collecting cases).
cited Cited "see" People v. Null
Ill. App. Ct. · 2024 · signal: see · confidence high
See Coats, 2018 IL 121926, ¶ 32 . ¶ 70 C.
discussed Cited "see" People v. Peters
Ill. App. Ct. · 2024 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 (one-act, one-crime violations are reviewable under the second-prong of the plain-error doctrine). 2 In his reply brief, defendant claims that if we conclude, as we did in Travis, that the second amendment does not exclude felons from its protections, he “no longer has to rely on the Illinois Constitution for its greater constitutional protections.” Having determined that defendant is part of “the people” as that term is used in the second amendment, defendant’s argument that the UPWF statute violates the Illinois Constitution based on his f…
discussed Cited "see" People v. Barnes
Ill. App. Ct. · 2024 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 (“one-act, one-crime violations fall within the second prong of the plain error doctrine as an obvious error so serious that it challenges the integrity of the judicial process”). 6 ¶ 75 Here, defendant’s mittimus bears three convictions for first degree murder, intentional murder (count I), knowing murder (count II), and felony murder (count III).
discussed Cited "see" People v. Farmer (2×)
Ill. App. Ct. · 2024 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 15 (noting that a defendant can be guilty of two offenses when an act is part of both offenses or when an act is part of one offense and the only act of the other offense).
cited Cited "see" People v. Ryan
Ill. App. Ct. · 2024 · signal: see · confidence high
See id. § 32-10(a-5).
discussed Cited "see" People v. Belmont
Ill. App. Ct. · 2024 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 11 ; People v. King, 66 Ill. 2d 551, 566 (1977). 2 the jurors had expressed difficulty in being unbiased as a result of their exposure to the reports about the case. ¶7 On June 22, 2020, without a first stage ruling, the trial court advanced the petition to the second stage by operation of law and appointed postconviction counsel to represent the defendant.
cited Cited "see" People v. Travis
Ill. App. Ct. · 2024 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 (one-act, one-crime violations are reviewable under the second-prong of the plain-error doctrine).
cited Cited "see" People v. Yankaway
Ill. App. Ct. · 2023 · signal: see · confidence high
See Coats, 2018 IL 121926, ¶ 11 .
cited Cited "see" People v. Smith
Ill. App. Ct. · 2023 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 11 .
cited Cited "see" People v. Schapmire
Ill. App. Ct. · 2022 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 11 ; People v. King, 66 Ill. 2d 551, 566 (1977). 2 his truck.
discussed Cited "see" People v. Titus
Ill. App. Ct. · 2022 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 (stating “one-act, one-crime violations fall within the second prong of the plain error doctrine as an obvious error so serious that it challenges the integrity of the judicial process”).
discussed Cited "see" People v. Robinson (2×)
Ill. App. Ct. · 2022 · signal: see · confidence high
See Coats, 2018 IL 121926, ¶ 12 . ¶ 50 Michelle’s testimony established that defendant fired three shots: - 15 - No. 1-20-0997 “The first time, I heard the pop and realized that it was an actual, legit weapon.
examined Cited "see" People v. Tate (3×)
Ill. App. Ct. · 2022 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 , 104 N.E.3d 1102 (citing People v. Nunez, 236 Ill. 2d 488, 493 , 925 N.E.2d 1083, 1086 (2010)). ¶ 21 B.
cited Cited "see" People v. Alhmdan
Ill. App. Ct. · 2021 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 .
cited Cited "see" People v. Norberg
Ill. App. Ct. · 2021 · signal: see · confidence high
See id.
discussed Cited "see" People v. Calhoun
Ill. App. Ct. · 2021 · signal: see · confidence high
See People v. Coats, 2018 IL 121926 , ¶ 10. ¶ 91 First, with regard to defendant’s five convictions for first-degree murder, when a defendant has murdered one victim, there can only be one conviction for such an act under the one-act, one- crime rule.
discussed Cited "see" People v. Sanchez
Ill. App. Ct. · 2021 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 11 (defendant may not be convicted for multiple offenses based upon precisely the same physical act). ¶ 28 We next turn to defendant’s contention that the evidence was sufficient only for four of the five separate convictions of criminal sexual assault (counts 3, 7, 8, 9, and 10) based on his putting his penis in G.S.’s vagina.
cited Cited "see" People v. Lockhart
Ill. App. Ct. · 2021 · signal: see · confidence high
See id.
discussed Cited "see" People v. Niles (2×)
Ill. App. Ct. · 2021 · signal: see · confidence high
See Coats, 2018 IL 121926, ¶ 11 . ¶ 48 Under the one-act, one-crime rule, “a criminal defendant may not be convicted of multiple offenses when those offense are all based on precisely the same physical act.” Coats, 2018 IL 121926, ¶ 11 .
discussed Cited "see" People v. Jamerson
Ill. App. Ct. · 2020 · signal: see · confidence high
See Coats, 2018 IL 121926, ¶ 16 (“holding that multiple convictions for residential burglary and home invasion were proper because, despite the one act of entry into the victim’s home which served as the basis for both convictions, the home invasion offense involved an additional act of intentional injury and, therefore, the two offenses were not carved from precisely the same physical act.” (citing Lobdell, 121 Ill.
cited Cited "see" People v. Jones
Ill. App. Ct. · 2020 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 32 (absent an error, there can be no plain error).
discussed Cited "see" People v. Calabrese
Ill. App. Ct. · 2020 · signal: see · confidence high
See People v. Coats, 2018 IL 121926, ¶ 10 (stating our supreme court “has previously explained that one-act, one- crime violations fall within the second prong of plain error doctrine as an obvious error so serious that it challenges the integrity of the judicial process.”). ¶ 109 “Under [the one-act, one-crime] rule, a defendant may not be convicted of multiple offenses based on the same physical act. *** For purposes of this rule, an ‘act’ is defined as any overt or outward manifestation that will support a separate conviction.” Almond, 2015 IL 113817, ¶ 47 . - 35 - 1-17-2828 …
Retrieving the full opinion text from the archive…
The PEOPLE of the State of Illinois, Appellee,
v.
Leshawn COATS, Appellant.
Docket 121926.
Illinois Supreme Court.
Jan 19, 2018.
2018 IL 121926
*1103Michael J. Pelletier, State Appellate Defender, Patricia Mysza, Deputy Defender, and Samuel M. Hayman, Assistant Appellate Defender, of the Office of the State Appellate Defender, of Chicago, for appellant., Lisa Madigan, Attorney General, of Springfield (David L. Franklin, Solicitor General, and Michael M. Glick and Retha Stotts, Assistant Attorneys General, of Chicago, of counsel), for the People.
Theis.
Cited by 169 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Appellate Court of Illinois (1)
JUSTICE THEIS delivered the judgment of the court, with opinion.

[*1104] ¶ 1 Following a bench trial in the circuit court of Cook County, defendant Leshawn Coats was convicted of several offenses, including being an armed habitual criminal ( 720 ILCS 5/24-1.7(a) (West 2012)) and armed violence ( id. § 33A-2(a)). The trial court sentenced him to 7 years in prison on the armed habitual criminal count, consecutive to a term of 15 years in prison on the armed violence count. Defendant appealed, contending that his convictions were predicated on the same physical act of gun possession in violation of the one-act, one-crime rule. The appellate court concluded that the one-act, one-crime rule did not prohibit the multiple convictions. 2016 IL App (1st) 142028-U , 2017 WL 238423 . For the reasons that follow, we affirm the judgment of the appellate court.

¶ 2 BACKGROUND

¶ 3 In June 2013, Chicago police officer Edwin Utreras was part of a team executing a search warrant at a two-flat basement apartment in Chicago. After forcing entry into the apartment and detaining four individuals, Utreras and his team approached a locked, rear room. They knocked on the door and heard people shuffling around inside the room, but nobody answered the door. Utreras's partner then forced entry into the room, where Utreras saw defendant holding a handgun in his left hand and two plastic bags in his right hand, which he was placing on a window ledge.

¶ 4 Utreras recovered a .45-caliber handgun loaded with nine live rounds of ammunition, as well as both bags. Inside one bag was a clear bag containing 53 smaller bags of suspected crack cocaine and one "knotted bag" containing suspected crack cocaine. Inside the other bag was a clear plastic bag containing 92 bags of suspected heroin. Drugs were also recovered in other areas of the room, including suspected heroin recovered from the refrigerator. The police also recovered cash currency, ammunition, and narcotics packaging materials. The contents of the plastic bags were tested. The parties stipulated that a chemist verified the contents of the plastic bags defendant was holding, which contained over 15 grams of heroin. The parties also stipulated to defendant's prior convictions for robbery and aggravated robbery.

¶ 5 The trial court found defendant guilty of being an armed habitual criminal, armed violence, and two counts of possession of a controlled substance (heroin) with intent to deliver. The possession counts merged into the armed violence count. Defendant was sentenced to 7 years in prison on the armed habitual criminal count to run consecutively to a term of 15 years in prison on the armed violence count. [1]

¶ 6 On appeal, defendant argued for the first time that his convictions for both armed violence and armed habitual criminal violated the one-act, one-crime rule because they were predicated on the same physical act of gun possession. After reviewing the claim under the second prong of the plain error doctrine, the appellate court affirmed, finding that the offenses did not result from precisely the same physical act and that neither offense was a lesser-included offense of the other.

[*1105] 2016 IL App (1st) 142028-U , ¶¶ 27-29, 2017 WL 238423 .

¶ 7 In reaching its conclusion that the multiple convictions did not violate the one-act, one-crime rule, the court recognized a conflict between the Second District decision in People v. Williams , 302 Ill. App. 3d 975 , 236 Ill.Dec. 642 , 707 N.E.2d 980 (1999), and the Fourth District's decision in People v. White , 311 Ill. App. 3d 374 , 243 Ill.Dec. 973 , 724 N.E.2d 572 (2000). 2016 IL App (1st) 142028-U , ¶¶ 25-27, 2017 WL 238423 . The appellate court found White to be more persuasive. Id. ¶ 27. We allowed defendant's petition for leave to appeal. Ill. S. Ct. R. 315 (eff. Mar. 15, 2016).

¶ 8 ANALYSIS

¶ 9 Initially, defendant recognizes that he has forfeited his one-act, one-crime argument by failing to raise it before the trial court, but he seeks review under the plain error doctrine. The plain error doctrine allows a reviewing court to consider an unpreserved error "(1) when 'a clear or obvious error occurred and the evidence is so closely balanced that the error alone threatened to tip the scales of justice against the defendant, regardless of the seriousness of the error,' or (2) when 'a clear or obvious error occurred and that error is so serious that it affected the fairness of the defendant's trial and challenged the integrity of the judicial process, regardless of the closeness of the evidence.' " People v. Sebby , 2017 IL 119445 , ¶ 48, 417 Ill.Dec. 756 , 89 N.E.3d 675 (quoting People v. Piatkowski , 225 Ill. 2d 551 , 565, 312 Ill.Dec. 338 , 870 N.E.2d 403 (2007) ).

¶ 10 The State maintains that defendant has forfeited his plain error argument because he failed to show that the claimed error was clear or obvious. We disagree. This court has previously explained that one-act, one-crime violations fall within the second prong of the plain error doctrine as an obvious error so serious that it challenges the integrity of the judicial process. People v. Nunez , 236 Ill. 2d 488 , 493, 338 Ill.Dec. 877 , 925 N.E.2d 1083 (2010) ; see also People v. Artis , 232 Ill. 2d 156 , 168, 327 Ill.Dec. 556 , 902 N.E.2d 677 (2009) (protections afforded to defendants by the one-act, one-crime rule are integral to maintaining the integrity of the judicial process); In re Samantha V. , 234 Ill. 2d 359 , 378-79, 334 Ill.Dec. 661 , 917 N.E.2d 487 (2009) (a one-act, one-crime violation "satisf[ies] the second prong of the plain-error test"). Thus, despite the forfeiture, we will address defendant's argument under the second prong of the plain error doctrine.

¶ 11 We first consider whether a one-act, one-crime error occurred. In People v. King , 66 Ill. 2d 551 , 566, 6 Ill.Dec. 891 , 363 N.E.2d 838 (1977), this court held that a criminal defendant may not be convicted of multiple offenses when those offenses are all based on precisely the same physical act. Although this rule is not derived from the constitutional prohibition against double jeopardy, we have continued to reaffirm and adhere to it over the last four decades based on the prejudice that results when there are multiple convictions for precisely the same criminal conduct. Artis , 232 Ill. 2d at 164-68 , 327 Ill.Dec. 556 , 902 N.E.2d 677 .

¶ 12 Whether a violation of the rule has occurred is a question of law, which we review de novo . People v. Robinson , 232 Ill. 2d 98 , 105, 327 Ill.Dec. 501 , 902 N.E.2d 622 (2008). In making that determination, this court has long followed a two-step analysis. People v. Rodriguez , 169 Ill. 2d 183 , 186, 214 Ill.Dec. 451 , 661 N.E.2d 305 (1996). First, the court ascertains whether the defendant's conduct consisted[*1106] of a single physical act or separate acts. Id. If it is determined that the defendant committed multiple acts, the court then moves to the second step and determines whether any of the offenses are lesser-included offenses. Id. If none of the offenses are lesser-included offenses, then multiple convictions are proper. Id.

¶ 13 A. One Act or Several Acts

¶ 14 We must first determine whether defendant's conduct consisted of separate physical acts or a single physical act. Defendant maintains that his armed violence conviction was carved from precisely the same physical act as his armed habitual criminal conviction because they both arose from his act of possessing the handgun. We disagree.

¶ 15 The definition of an "act," as stated in King , is "any overt or outward manifestation which will support a different offense." King , 66 Ill. 2d at 566 , 6 Ill.Dec. 891 , 363 N.E.2d 838 . Although defendant is correct that both offenses shared the common act of possessing the handgun, under the definition outlined in King , " '[a] person can be guilty of two offenses when a common act is part of both offenses' " ( Rodriguez , 169 Ill. 2d at 188 , 214 Ill.Dec. 451 , 661 N.E.2d 305 (quoting People v. Lobdell , 121 Ill. App. 3d 248 , 252, 76 Ill.Dec. 623 , 459 N.E.2d 260 (1983) )) "or part of one offense and the only act of the other offense" ( Lobdell , 121 Ill. App. 3d at 252 , 76 Ill.Dec. 623 , 459 N.E.2d 260 ).

¶ 16 Several examples illustrate this application of King . Most notably, in Rodriguez , the defendant was convicted of aggravated criminal sexual assault and home invasion. Although both offenses shared the common act of the defendant threatening the victim with a gun, the defendant's unlawful entry into the victim's bedroom was a separate act that supported the home invasion offense. Rodriguez , 169 Ill. 2d at 188-89 , 214 Ill.Dec. 451 , 661 N.E.2d 305 . We explained that, " '[a]s long as there are multiple acts as defined in King , their interrelationship does not preclude multiple convictions.' " (Emphasis omitted.) Id. at 189, 214 Ill.Dec. 451 , 661 N.E.2d 305 (quoting People v. Myers , 85 Ill. 2d 281 , 288, 55 Ill.Dec. 389 , 426 N.E.2d 535 (1981) ); see also People v. McLaurin , 184 Ill. 2d 58 , 105, 234 Ill.Dec. 399 , 703 N.E.2d 11 (1998) (holding that multiple convictions for intentional murder and home invasion were proper because, although both involved the same physical act of setting a fire, the physical act of entering the dwelling of the victim was a separate act that supported the home invasion offense); People v. Marston , 353 Ill. App. 3d 513 , 519, 289 Ill.Dec. 58 , 818 N.E.2d 1261 (2004) (holding that multiple convictions for home invasion and aggravated battery were proper despite the common act of striking the victim with a pole where the defendant's entry into the home was a separate act that supported the home invasion conviction); Lobdell , 121 Ill. App. 3d at 252 , 76 Ill.Dec. 623 , 459 N.E.2d 260 (holding that multiple convictions for residential burglary and home invasion were proper because, despite the one act of entry into the victim's home which served as the basis for both convictions, the home invasion offense involved an additional act of intentional injury and, therefore, the two offenses were not carved from precisely the same physical act); People v. Tate , 106 Ill. App. 3d 774 , 778-79, 62 Ill.Dec. 522 , 436 N.E.2d 272 (1982) (holding that multiple convictions for home invasion and aggravated battery were proper despite the common act of stabbing the victim where the unlawful entry was a separate act applicable only to the home invasion offense).

¶ 17 The facts of this case reveal that defendant's conduct consisted of two physical[*1107] acts: possession of the handgun and possession of the drugs. Although the two offenses shared the common act of possession of the handgun, which served as a basis for both convictions, defendant's armed violence conviction involved a separate act, possessing the drugs. That act was applicable only to the armed violence offense. Since the possession of the handgun was only part of the conduct which formed the basis for the separate armed violence conviction, the two offenses were not carved from precisely the same physical act.

¶ 18 Defendant recognizes our holding in Rodriguez but, nevertheless, maintains that the King analysis implicitly requires a determination of whether the offenses share a "crucial" act. He articulates the rule as follows: If the two offenses share a common act that formed the "crux" or "essence" of the crime, multiple convictions cannot stand. Defendant cites decisions from this court that he argues cannot otherwise be reconciled without applying this rule, particularly our decision in McLaurin . Under defendant's construction of King , he asserts that the possession of the handgun was the "crux" of both offenses and, therefore, both convictions cannot stand. We need not consider whether possession was the "crux" of both offenses because we reject defendant's construction of King .

¶ 19 In the four decades since King was decided, we have never applied the one-act, one-crime rule in the manner defendant urges here. Further, our decision in McLaurin , 184 Ill. 2d 58 , 234 Ill.Dec. 399 , 703 N.E.2d 11 , does not support the adoption of defendant's "crux" theory. In that case, the defendant's conduct involved entering the victim's house, tying him up, and setting him on fire. The defendant was convicted of several offenses including, inter alia , first degree murder, home invasion, aggravated arson, and residential burglary. He made several one-act, one-crime assertions involving the four convictions. As previously explained, his convictions for murder and home invasion could both stand because, although the murder and home invasion offenses shared the common act of setting the fire, the additional physical act of unlawfully entering the dwelling of the victim supported the home invasion conviction. Id. at 105 , 234 Ill.Dec. 399 , 703 N.E.2d 11 .

¶ 20 The defendant then argued that his conviction for residential burglary must be vacated because it was predicated on the same unauthorized entry that established the conviction for home invasion. We agreed. Although not expressly stated, our reasoning was not based on any determination of the "crux" or "essence" of the crimes. Instead, our rationale is evident from reviewing the defendant's conduct in relation to all of the convictions. Under the circumstances, not only did the offense of residential burglary share the common act of unlawful entry, there was no additional act that could support a separate offense because the act of setting the fire had already been attributed to the murder conviction. Id. at 105-06 , 234 Ill.Dec. 399 , 703 N.E.2d 11 . Similarly, the aggravated arson conviction and the murder conviction were both carved from precisely the same physical act of setting the fire, and there was no additional physical act that could support the separate aggravated arson offense. Accordingly, under one-act, one-crime principles, the defendant was properly convicted of two offenses for two separate physical acts-the unlawful entry and the setting of the fire. Contrary to defendant's contention, the result in McLaurin is indeed consistent with this court's construction of King and our decision in Rodriguez .

¶ 21 Next, defendant asserts that King 's application here is irreconcilable with the[*1108] notion that one cannot be convicted of both intentional and felony murder of the same victim despite the fact that felony murder involves a separate act in addition to the acts which caused the death-namely, the predicate felony. Defendant maintains that the only way to reconcile the inconsistency is to consider the "crux" of the crime, which he characterizes as the act or acts which caused the death. Again, we need not consider the "crux" of the offenses in one-act, one-crime analysis to reconcile King in the felony murder context with its application here.

¶ 22 The offense of first degree murder is set forth in section 9-1(a) of the Criminal Code of 2012. 720 ILCS 5/9-1(a) (West 2016). In that statute, the Illinois General Assembly provided for three ways to commit one offense: intentional, knowing, and felony murder. Id. As we have previously explained, the different theories embodied in the murder statute are merely different ways to commit the same offense. Id. ; People v. Smith , 233 Ill. 2d 1 , 16, 329 Ill.Dec. 331 , 906 N.E.2d 529 (2009).

¶ 23 Although felony murder involves an additional physical act beyond the acts that cause the death, the legislature has determined that there is only one offense of murder. Under King , felony murder is not a separate offense but, rather, a separate theory of the same offense. See King , 66 Ill. 2d at 566 , 6 Ill.Dec. 891 , 363 N.E.2d 838 . Accordingly, a defendant cannot be convicted of both the intentional murder and felony murder of the same victim.

¶ 24 Defendant is correct that in certain circumstances convictions for multiple counts of the same offense can be proper. In those cases, the question for the court would be to determine the legislative intent behind the statute and to determine whether there is evidence to support multiple violations of the statute. See, e.g. , People v. Butler , 64 Ill. 2d 485 , 489, 1 Ill.Dec. 204 , 356 N.E.2d 330 (1976) (upholding two convictions for armed robbery where the defendant threatened the use of force against two people and the statute defined the criminal act as being directed against the person); People v. Angarola , 387 Ill. App. 3d 732 , 740, 326 Ill.Dec. 1034 , 900 N.E.2d 1281 (2009) (noting that under the forgery statute, the legislature recognized that a defendant can be properly charged based on each stage of the process, allowing a defendant to be convicted for both the act of making the forged document and the act of delivering the forged document). In this case, multiple counts of the same offense are not at issue. Thus, those types of legislative considerations are not applicable here.

¶ 25 Lastly, we are asked to reconcile the two conflicting outcomes in the appellate court cases of Williams and White . Again, we need not apply defendant's "crux" theory to analyze these cases. In both cases, the defendants were convicted of armed violence predicated on being armed while in possession of a controlled substance ( 720 ILCS 5/33A-2 (West 1996) ) and unlawful possession of a weapon by a felon ( id. § 24-1.1(a)). In Williams , the officer found a gun and a bag of cocaine in a car where defendant had been sitting. The court held that the simultaneous possession of the gun and drugs was a common act that could not support convictions for both offenses. Williams , 302 Ill. App. 3d at 978 , 236 Ill.Dec. 642 , 707 N.E.2d 980 . In White , the defendant was arrested while in possession of a gun and cocaine. The court disagreed with Williams , concluding that the possession of the gun and the drugs were separate acts. White , 311 Ill. App. 3d at 386 , 243 Ill.Dec. 973 , 724 N.E.2d 572 .

¶ 26 Defendant initially maintained before this court that Williams was correctly reasoned, but he acknowledged at[*1109] oral argument that the holding in Williams is erroneous. Two separate acts, possession of the gun and possession of the drugs, do not become one common act solely by virtue of being proximate in time. People v. Almond , 2015 IL 113817 , ¶ 48, 392 Ill.Dec. 227 , 32 N.E.3d 535 (stating that although defendant's possession of two separate and distinct items of contraband was simultaneous, "that factor alone does not render his conduct a 'single act' for purposes of the one-act, one-crime rule"). Additionally, as we explained in Rodriguez , a defendant can be convicted of two offenses even when they share a common act, as long as there is an additional act that can support a separate offense. Rodriguez , 169 Ill. 2d at 189 , 214 Ill.Dec. 451 , 661 N.E.2d 305 . As the court in White concluded, the defendant's possession of the gun was an act distinct from the defendant's possession of the drugs which could support the separate offense of armed violence. Consequently, based on this court's precedent, Williams misapplied the one-act, one-crime rule. We therefore expressly overrule it.

¶ 27 We acknowledge that in White , the court appears to have created some confusion in ascertaining what conduct constitutes an "act" under King . The court reasoned that "[a]lthough both offenses shared the common act of possession of a weapon, armed violence required the additional act of possession of the drugs, and unlawful possession of a weapon by a felon required the additional element of status as a felon ." (Emphasis added.) White , 311 Ill. App. 3d at 386 , 243 Ill.Dec. 973 , 724 N.E.2d 572 . A felon's status is not an "act" but, rather, a state of being. To clarify, a defendant's status is not factored into the first part of the King analysis to determine whether a defendant's conduct consists of one act or several acts. Nevertheless, the holding in White is ultimately correct because the gun possession and the drug possession were separate acts.

¶ 28 In sum, under the first step in the one-act, one-crime analysis, defendant's conduct consisted of multiple acts. We next consider the second step.

¶ 29 B. Lesser-Included Offenses

¶ 30 Under the second step in the one-act, one-crime analysis the court determines whether any of the offenses are lesser-included ones. The appellate court, applying the charging instrument approach, found that the offenses here were not lesser included where each charging instrument did not set out the main outline for the other offense. 2016 IL App (1st) 142028-U , ¶ 29, 2017 WL 238423 . Defendant does not challenge that finding here. However, in the interest of maintaining a sound body of precedent, we note that the appellate court erroneously applied the charging instrument approach to that determination, relying on People v. Pena , 317 Ill. App. 3d 312 , 323, 250 Ill.Dec. 821 , 739 N.E.2d 584 (2000). As we have explained, when the issue of lesser-included offenses arises in the context of a one-act, one-crime issue where the defendant was convicted of both offenses, we apply the abstract elements approach as opposed to determining whether an uncharged offense is a lesser-included offense to a charged offense using the charging instrument approach. People v. Miller , 238 Ill. 2d 161 , 166, 345 Ill.Dec. 59 , 938 N.E.2d 498 (2010). Nevertheless, employing that approach would not have changed the result in this case. Compare 720 ILCS 5/33A-2 (West 2012), with id. § 24-1.7(a)(1).

¶ 31 CONCLUSION

¶ 32 For the reasons set forth above, we conclude that defendant's convictions were proper under the one-act, one-crime rule. Accordingly, because we find no error, there is no plain error. We affirm the[*1110] judgment of the appellate court, which affirmed the judgment of the circuit court.

¶ 33 Affirmed.

Chief Justice Karmeier and Justices Freeman, Thomas, Kilbride, Garman, and Burke concurred in the judgment and opinion.

1

Consecutive sentences were mandated under section 5-8-4(d)(3) of the Unified Code of Corrections where defendant was convicted of armed violence based upon the predicate offense of a violation of subsection (a) of section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401 (West 2012) ). 730 ILCS 5/5-8-4(d)(3) (West 2012).