People v. Wilson
| Decision Date | 30 January 1981 |
| Docket Number | Nos. 80-397,78-325,s. 80-397 |
| Court | United States Appellate Court of Illinois |
| Parties | , 48 Ill.Dec. 744 PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas WILSON, Defendant-Appellant. |
G. Joseph Weller, Asst. State Appellate Defender, Robert J. Agostinelli, Deputy State Appellate Defender, Ottawa, for defendant-appellant.
John A. Barra, Asst. State's Atty., Peoria, Terry A. Mertel, John X. Breslin, State's Attys. Appellate Service Commission, Ottawa, for plaintiff-appellee.
The defendant, Thomas Wilson, appeals from his three convictions in the Circuit Court of Peoria County. He was convicted of attempt (murder) (Ill.Rev.Stat.1977, ch. 38, sec. 8-4(a)) and aggravated battery (Ill.Rev.Stat.1977, ch. 38, sec. 12-4(a)) following a jury trial, and he pleaded guilty to intimidation (Ill.Rev.Stat.1977, ch. 38, sec. 12-6(a)(1)). After a joint sentencing hearing was conducted on all three convictions, the trial court sentenced the defendant to three concurrent prison terms of not less than 21/2 and not more than 71/2 years. The defendant appeals from those multiple convictions alleging that he was improperly convicted of and concurrently sentenced for two offenses occurring from one act; claiming thus that we should vacate the aggravated battery conviction. He also urges this court to remand this cause for resentencing on both the attempt (murder) and the intimidation convictions if we vacate the aggravated battery conviction.
The relevant facts are as follows: the victim, Glenda Wilson, was conversing on the telephone at her sister's home on December 29, 1977, which was one week after her divorce from the defendant. The defendant entered the house while she was on the telephone and, according to Glenda, announced, "I told you that I came to kill you, and that's what I'm here to do." He then charged Glenda, threw her to the floor, reared back his hand, which contained an object, and struck her several times. The first blow injured Glenda's head and she lost consciousness. She regained consciousness while in an ambulance rushing her to a Peoria hospital. Glenda received treatment there for a broken jaw, a tender abdomen, and massive facial swelling. She was also semi-comatose. She remained hospitalized for nearly three weeks. Then, on January 23, 1978, shortly after Glenda was released from the hospital, the defendant threatened her life over the telephone.
After the defendant was convicted by a jury of the attempt (murder) and aggravated battery charges, he entered a guilty plea on the intimidation charge, pursuant to plea negotiations. The result of the negotiations was that in exchange for the defendant's guilty plea, his sentence for intimidation would be the same length as for his other convictions.
Since People v. Schlenger (1958), 13 Ill.2d 63, 147 N.E.2d 316, our Supreme Court has consistently held that a defendant is prejudiced if judgment is entered against him for more than one offense arising from a single course of conduct.
The prosecution asserts, however, that each of the blows delivered by the defendant may serve as the basis for a separate offense of aggravated battery or attempt (murder). According to that argument, the defendant could have been convicted of and concurrently sentenced for numerous counts of aggravated battery and attempt (murder)...
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