Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Mccutcheon

OPINION FILED JANUARY 23, 1986.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT,

v.

JOHN

v.

MCCUTCHEON, APPELLEE.



Appeal from the Appellate Court for the Fifth District; heard in that court on appeal from the Circuit Court of Jasper County, the Hon. Jack M. Michaelree, Judge, presiding.

JUSTICE GOLDENHERSH DELIVERED THE OPINION OF THE COURT:

Rehearing denied April 1, 1986.

In an eight-count information filed in the circuit court of Jasper County, defendant, John V. McCutcheon, was charged with two counts of attempted murder (Ill. Rev. Stat. 1981, ch. 38, par. 8-4(a)), one count each of rape (Ill. Rev. Stat. 1981, ch. 38, par. 11-1(a)), aggravated battery of a child (Ill. Rev. Stat. 1981, ch. 38, par. 12-4.3a), aggravated battery (Ill. Rev. Stat. 1981, ch. 38, par. 12-4(a)), burglary (Ill. Rev. Stat. 1981, ch. 38, par. 19-1(a)), and two counts of aggravated kidnaping (Ill. Rev. Stat. 1981, ch. 38, par. 10-2). He pleaded guilty to all counts and was sentenced to terms of 50 years on one count of attempted murder (count I) and the rape count (count III), to be served consecutively. He was also sentenced, to be served concurrently to one another and concurrently to the attempted-murder and rape charges, to terms of 14 years for aggravated battery of a child, 10 years for aggravated battery, 15 years for burglary, and 30 years for each count of kidnaping. The circuit court denied his timely filed motion to withdraw the pleas of guilty and defendant appealed. In a Rule 23 order (130 Ill. App.3d 1167; 87 Ill.2d R. 23) the appellate court reversed the convictions for attempted murder, and we allowed the People's petition for leave to appeal (94 Ill.2d R. 315). The appellate court held that the counts charging defendant with attempted murder were void and that the judgments of conviction for those offenses had to be vacated. It affirmed the judgment in all other respects and remanded the cause to the circuit court to permit defendant to plead anew to the charges of attempted murder.

The counts charging attempted murder in pertinent part alleged:

"COUNT I

* * * John V. McCutcheon, hereinafter called the defendant committed the offense of:

ATTEMPT (MURDER)

in violation of SECTION 8-4(a) of CHAPTER 38 of the Illinois Revised Statutes of said State, in that to-wit: said defendant with the intent to commit the offense of Murder, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1(a)(2), performed a substantial step toward the commission of that offense, in that he, without lawful justification, knowingly struck Shara Briner on the head with a tire iron, knowing such act created a strong probability of death or great bodily harm to Shara Briner.

COUNT II

* * * John V. McCutcheon, hereinafter called the defendant committed the offense of:

ATTEMPT (MURDER)

in violation of SECTION 8-4(a) of CHAPTER 38 of the Illinois Revised Statutes in said State, in that to-wit: said defendant with the intent to commit the offense of Murder, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1(a)(1), performed a substantial step toward the commission of that offense, in that he without lawful justification, and with the intent to do great bodily harm to Shara Briner knowingly struck Shara Briner with a tire iron, knowing such act created a strong probability of death or great bodily harm to Shara Briner."

The appellate court, citing People v. Roberts (1979), 75 Ill.2d 1, concluded that: "in view of the grammatical structure of the charges contained in Counts I and II, the defendant could have mistakenly believed that he could be found guilty of attempted murder if he only had the intent to do great bodily harm and that he, therefore, pleaded guilty to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.