one-act-one-crime rule (Illinois) · Go Syfert
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one-act-one-crime rule in Illinois

32 Illinois opinions name it 1 courts 1984–2025 5 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
People v. Kinggreen
ill · 1977 · cited in 16 Illinois opinions naming this issue, 1986–2025
2 sentences

2025In the alternative, defense counsel argued that pursuant to the one act one crime rule (see People v. King, 66 Ill. 2d 551, 566 (1977)), the court should set aside one of the armed violence counts.

2000People v. King , 66 Ill. 2d 551, 566 , 363 N.E.2d 838, 845 (1977) (the one-act-one-crime test).

416
People v. Segaragreen
ill · 1988 · cited in 4 Illinois opinions naming this issue, 1991–2020
2 sentences

1991(Segara, 126 Ill. 2d 70 , 533 N.E.2d 802 ; King, 66 Ill. 2d 551 , 363 N.E.2d 838 .) In promulgating the one-act-one-crime rule, the Illinois Supreme Court reasoned that prejudice results to the defendant only in those instances where more than one offense is carved from the same physical act.

1991(Segara, 126 Ill. 2d 70 , 533 N.E.2d 802 ; King, 66 Ill. 2d 551 , 363 N.E.2d 838 .) In promulgating the one-act-one-crime rule, the Illinois Supreme Court reasoned that prejudice results to the defendant only in those instances where more than one offense is carved from the same physical act.

14
People v. Smithgreen
ill · 2019 · cited in 2 Illinois opinions naming this issue, 2020–2025
2 sentences

2025See People v. Smith, 2019 IL 123901, ¶ 14 ; People v. Campos, 2019 IL App (1st) 152613, ¶ 35 .

2020However, in his reply brief, he withdrew this contention, acknowledging that our supreme court’s decision in People v. Smith, 2019 IL 123901 , which was issued while his appeal was pending, compelled the opposite conclusion. -2- No. 1-17-0007 ¶5 Mayra Dominguez testified that, in the early morning hours on April 11, 2011, she was working on her computer in her second-floor apartment on South St.

12
People v. Rodriguezgreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2001–2007
2 sentences

2001Succinctly put, the one-act-one-crime doctrine stands for the proposition that "[m]ultiple convictions are improper if they are based on precisely the same physical act." People v. Rodriguez , 169 Ill. 2d 183, 186 , 661 N.E.2d 305 (1996).

2001Succinctly put, the one-act-one-crime doctrine stands for the proposition that "[m]ultiple convictions are improper if they are based on precisely the same physical act." People v. Rodriguez , 169 Ill. 2d 183, 186 , 661 N.E.2d 305 (1996).

12
People v. Smithgreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People v. Smith, 233 Ill. 2d 1, 20 (2009).

11
People v. Curtisgreen
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022People v. Curtis, 367 Ill.

11
People v. Rileygreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020It is well settled that “[m]ultiple convictions for aggravated criminal sexual assault based on one act of sexual penetration cannot stand because of the one-act-one-crime rule.” People v. Riley, 219 Ill.

11
People v. DiPacegreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019We disagree. - 19 - 2019 IL App (2d) 160766 ¶ 73 In People v. DiPace, 354 Ill.

11
People v. Bussangreen
illappct · 1999 · cited in 1 Illinois opinions naming this issue, 1999–1999
2 sentences

1999See also Bussan, 306 Ill.App.3d at 839 , 240 Ill.Dec. 133 , 715 N.E.2d at 822 (holding McLaurin mandates that the "charging instrument" approach be applied when determining the existence of lesser offenses under the one-act-one-crime rule).

1999See also Bussan, 306 Ill.App.3d at 839 , 240 Ill.Dec. 133 , 715 N.E.2d at 822 (holding McLaurin mandates that the "charging instrument" approach be applied when determining the existence of lesser offenses under the one-act-one-crime rule).

11
People v. Murphygreen
illappct · 1994 · cited in 1 Illinois opinions naming this issue, 1999–1999
1 sentence

1999See People v. Murphy , 261 Ill.

11
People v. Coberngreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 1994–1994
1 sentence

1994(People v. Segara (1988), 126 Ill. 2d 70, 77 , 533 N.E.2d 802, 805 ; People v. Myers (1981), 85 Ill. 2d 281, 289 , 426 N.E.2d 535, 538 (two separate invasions of victim’s body, even though closely related, were not one physical act); see People v. Cobern (1992), 236 Ill.

11
People of Illinois v. Myersgreen
ill · 1981 · cited in 1 Illinois opinions naming this issue, 1994–1994
2 sentences

1994(People v. Segara (1988), 126 Ill. 2d 70, 77 , 533 N.E.2d 802, 805 ; People v. Myers (1981), 85 Ill. 2d 281, 289 , 426 N.E.2d 535, 538 (two separate invasions of victim’s body, even though closely related, were not one physical act); see People v. Cobern (1992), 236 Ill.

1994(People v. Segara (1988), 126 Ill. 2d 70, 77 , 533 N.E.2d 802, 805 ; People v. Myers (1981), 85 Ill. 2d 281, 289 , 426 N.E.2d 535, 538 (two separate invasions of victim’s body, even though closely related, were not one physical act); see People v. Cobern (1992), 236 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (18)

CaseCitedYears
People v. Priest green
illappct · 1998
2 sentences

1999We recognize that a different conclusion was reached by the Fourth District Appellate Court in People v. Priest, 297 Ill.

1999We recognize that a different conclusion was reached by the fourth district appellate court in People v. Priest, 297 Ill.

21999–1999
Duncan v. Campos green
illappct · 2019
2 sentences

2025See People v. Smith, 2019 IL 123901, ¶ 14 ; People v. Campos, 2019 IL App (1st) 152613, ¶ 35 .

2025Campos, 2019 IL App (1st) 152613 , ¶ 36. ¶ 20 “The one-act, one-crime rule prohibits multiple convictions carved from the same physical act.” Campos, 2019 IL App (1st) 152613 , ¶ 36.

12025–2025
People v. Coats green
ill · 2018
1 sentence

2024People v. Coats, 2018 IL 121926 , ¶ 11.

12024–2024
Strickland v. Washington green
scotus · 1984
1 sentence

2022ANALYSIS ¶ 27 As noted, defendant contends that he received ineffective assistance of trial counsel (see Strickland v. Washington, 466 U.S. 668 (1984)), and that his convictions on count II and III for predatory criminal sexual assault were predicated on the same physical act, thereby violating the one-act one-crime doctrine.

12022–2022
People v. Aguilar green
ill · 2013
1 sentence

2021The record does not contain any copy of any postconviction petition filed around that time. ¶7 On September 13, 2016, Butler filed a section 2-1401 petition for post-judgment relief and a habeas corpus petition (735 ILCS 5/10-101 (West 2014)) alleging the following: (1) his conviction for aggravated unlawful use of a weapon was void under People v. Aguilar, 2013 IL 112116 ; (2) his indictment was obtained through deceptive means; and (3) his convictions violated -2- No. 1-18-2637 the one-act-one-crime doctrine.

12021–2021
People v. Maas green
illappct · 2019
1 sentence

2019We disagree. - 19 - 2019 IL App (2d) 160766 ¶ 73 In People v. DiPace, 354 Ill.

12019–2019
People v. McLaurin green
ill · 1998
1 sentence

1999Although the issue here is whether the one- act-one-crime rule permits multiple convictions, the supreme court has used the charging instrument approach to identify lesser included offenses in both jury instruction cases ( Hamilton , 179 Ill. 2d at 324) and one-act-one-crime cases ( McLaurin , 184 Ill. 2d at 104 ).

11999–1999
People v. Payne green
ill · 1983
2 sentences

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

11994–1994
Blockburger v. United States green
scotus · 1931
2 sentences

1994(Blockburger, 284 U.S. at 304 , 76 L.

1994(Blockburger, 284 U.S. at 304 , 76 L.

11994–1994
People v. Tayborn green
illappct · 1993
1 sentence

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

11994–1994
People v. Mormon green
ill · 1982
2 sentences

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

11994–1994
People v. Simmons green
ill · 1982
2 sentences

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

11994–1994
People v. Johnson green
ill · 1989
2 sentences

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

1994People v. Johnson (1989), 128 Ill. 2d 253 , 538 N.E.2d 1118 (two gunshots constitute two separate physical acts sufficient to support convictions for both armed violence and attempted murder); People v. Segara (1988), 126 Ill. 2d 70 , 533 N.E.2d 802 (affirmed two convictions for rape); People v. Payne (1983), 98 Ill. 2d 45 , 456 N.E.2d 44 (vacated the conviction and sentence for burglary because it was the underlying felony for the armed violence conviction and both offenses were based on a single physical act); People v. Simmons (1982), 93 Ill. 2d 94 , 442 N.E.2d 891 (cannot convict on both i

11994–1994
Sharp v. Texas green
scotus · 1988
1 sentence

1994Ed. 2d 159 , 109 S. Ct. 190 .) We therefore cannot accept defendant’s suggestion that we vacate his convictions and sentences for armed violence and aggravated battery because his appellate counsel failed to raise the one-act-one-crime doctrine on direct appeal.

11994–1994
People v. Gray green
illappct · 1988
1 sentence

1992(People v. Gray (1988), 171 Ill.

11992–1992
People v. Pugh green
illappct · 1987
1 sentence

1988(Pugh, 162 Ill.

11988–1988
People v. Gray green
illappct · 1984
1 sentence

1986App.3d 867, 872 , 460 N.E.2d 354 .) Nevertheless, in light of the facts in this case, we believe that the consecutive sentences are not at variance with the purpose or spirit of the law or manifestly in excess of the proscription of the Illinois Constitution requiring all penalties to be in proportion to the nature of the offense. • 7 Finally, defendant claims that his conviction for unlawful restraint was based on the same act as the rape and deviate sexual assault offenses and therefore violates the one-act one-crime principle articulated in People v. King (1977), 66 Ill.2d 551 , 363 N.E.2d

11986–1986
People v. Butler green
ill · 1976
2 sentences

1984Our supreme court’s opinion in People v. Butler (1976), 64 Ill. 2d 485 , 356 N.E.2d 330 , disposes of defendant’s contention.

1984Our supreme court’s opinion in People v. Butler (1976), 64 Ill. 2d 485 , 356 N.E.2d 330 , disposes of defendant’s contention.

11984–1984

Statutes the citing opinions construe

IL § 720 ILCS 5/8-4 (4) IL § 720 ILCS 5/9-1 (4) IL § 720 ILCS 5/12-3.2 (3) IL § 720 ILCS 5/18-1 (3) IL § 720 ILCS 5/18-2 (3) IL § 720 ILCS 5/33A-1 (3) IL § 730 ILCS 5/5-8-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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