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People v. Magana-Ortiz

Court of Appeals of Illinois, Third District

July 26, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
SANDRA P. MAGANA-ORTIZ, Defendant-Appellant.

          Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, Circuit No. 14-CF-2504 Honorable Carla Alessio-Policandriotes, Judge, Presiding.

          James E. Chadd, Peter A. Carusona, and Kelly M. Taylor, of State Appellate Defender's Office, of Ottawa, for appellant. Attorneys for Appellant

          James W. Glasgow, State's Attorney, of Joliet (Patrick Delfino, Thomas D. Arado, and Richard T. Leonard, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People. Attorneys for Appellee

          JUSTICE McDADE delivered the judgment of the court, with opinion. Justices O'Brien and Wright concurred in the judgment and opinion.

          OPINION

          McDADE JUSTICE

         ¶ 1 Defendant, Sandra P. Magana-Ortiz, appeals from her convictions for aggravated battery and child abduction. In this appeal she argues (1) the State failed to prove her guilty of child abduction beyond a reasonable doubt, (2) the State failed to prove her guilt of aggravated battery beyond a reasonable doubt, and (3) one of her aggravated battery convictions must be vacated because the convictions both derive from a single physical act. We affirm in part, reverse in part, and vacate in part.

         ¶ 2 I. BACKGROUND

         ¶ 3 The State charged defendant by indictment with two counts of aggravated battery (720 ILCS 5/12-3.05(c), (d)(2) (West 2014)) and one count of child abduction (id. § 10-5(b)(1)).

         Count I of the indictment charged defendant with aggravated battery and stated that defendant

"without legal justification, knowingly made physical contact of an insulting or provoking nature with Mariela Melendez, while Mariela Melendez was on or about a public way, public property or public place of accommodation or amusement, namely: the roadway at 320 Wheeler, Joliet, *** in that said defendant dragged Mariela Melendez from a motor vehicle." (Emphasis added.)

         Count II also charged defendant with aggravated battery and stated that defendant

"without legal justification, knowingly made physical contact of an insulting or provoking nature with Mariela Melendez, in that said defendant dragged Mariela Melendez from a motor vehicle, knowing Mariela Melendez to be pregnant." (Emphasis added.)

         Count III charged defendant with child abduction and stated that defendant

"intentionally violated the terms of a valid court order, dated September 17, 2014, issued by the Circuit Court of Will County, granting sole custody of L.M., a child, to Juan Melendez, by concealing L.M. in a motor vehicle."

         The case proceeded to a bench trial. This recitation of facts is drawn from the trial testimony.

         ¶ 4 Mariela Melendez testified that she and Juan Melendez had been married since June 23, 2013. In December 2014, Mariela, Juan, and their four children lived at 320 Wheeler Avenue in Joliet. Mariela explained that she was the biological mother of three of the children and defendant's son, L.M., also resided in the home. L.M. had lived with Mariela and Juan since he was four or five months old. He was two ...


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