Appeal from Circuit Court of Livingston County No. 10CF261 Honorable Jennifer H. Bauknecht, Judge Presiding.
The opinion of the court was delivered by: Justice Cook
Carla Bender 4th District Appellate Court, IL
JUSTICE COOK delivered the judgment of the court, with opinion. Presiding Justice Turner and Justice Steigmann concurred in the judgment and opinion.
¶ 1 On October 8, 2010, defendant, Adam J. Millsap, was charged in a three-count information with aggravated battery. After a bench trial, he was convicted of two counts of aggravated battery (720 ILCS 5/12-4(a), (b)(8) (West 2010)) and sentenced to serve concurrent terms of four years in the Illinois Department of Corrections. The trial court also ordered defendant to pay various assessments includinga Violent Crime Victims Assistance Fund (VCVA) assessment (725 ILCS 240/10(b) (West 2010)) and a Children's Advocacy Center (CAC) assessment (55 ILCS 5/5-1101(f-5) (West 2010)).
¶ 2 Onappeal, defendant argues that (1) under the one-act, one-crime rule, one of his convictions for aggravated battery must be vacated; (2) the $40 CAC assessment should be reduced; and (3) the $25 VCVA assessment should be reduced to $4. We affirm as modified and remand with directions.
¶ 4 On the evening of October 6, 2010, there was a pickup football game at the practice field across from the Pontiac Township High School in Pontiac, Illinois. At the end of the game, the victim and Devon Millsap, defendant's brother, began fighting. According to Stefanie Johnson, who witnessed the incident, defendant stated to his brother during the fight: "Knock him out. If you don't take care of him, I will." She further testified that after the fight between the victim and Devon ended, the victim turned around and defendant punched him in the jaw. The victim then fell to the ground and began bleeding from the mouth. Soon thereafter, the victim was taken to the emergency room and treated for a broken jaw.
¶ 5 On October 8, 2010, defendant was charged in a three-count information with aggravated battery. In count I, defendant was charged with knowingly causing bodily harm to the victim in that he "struck [the victim], on or about a public place at Pontiac Township High School, *** in violation of 720 ILCS 5/12-4(b)(8), a Class 3 Felony." In count II, defendant was charged with knowingly making physical contact of an insulting or provoking nature with the victim in that he "struck [the victim], on or about a public place at Pontiac Township High School, *** in violation of 720 ILCS 5/12-4(b)(8), a Class 3 Felony." In count III, defendant was charged with knowingly causing great bodily harm to the victim in that he "knowingly struck [the victim] and broke his jaw, on or about a public place at Pontiac Township High School, *** in violation of 720 ILCS 5/12-4(a), a Class 3 Felony."
¶ 6 On December 20, 2010, defendant waived his right to a jury trial.
¶ 7 On February 7, 2011, a bench trial was held. After hearing testimony from two witnesses, the trial was continued to March 15, 2011.
¶ 8 On March 15, 2011, the trial resumed. After hearing evidence and argument, the trial court found defendant guilty of aggravated battery and scheduled a sentencing hearing for May 2, 2011.
¶ 9 On March 23, 2011, defendant filed a motion for a new trial.
¶ 10 On May 2, 2011, the trial court denied defendant's motion for a new trial and continued the ...