See People ex rel. Carey v. Scotillo (1981), 84 Ill.2d 170, 176-77.) This court and others have addressed the question of which conviction cannot stand, and have ruled that the attempt murder judgment must be vacated when an armed violence conviction is based upon the same criminal act. ( People v. Cazares (1980), 86 Ill. App.3d 612, 616 n. 2, 408 N.E.2d 258; People v. Myers (1980), 83 Ill. App.3d 1073, 1077, 404 N.E.2d 1082; People v. Howard (1979), 78 Ill. App.3d 858, 862-63, 397 N.E.2d 877.) We therefore vacate the judgment and sentence entered on the charge of attempt murder.
The policy of the courts is to disregard mere technical objections to a charge and to require only that the charging instrument states the essential elements of the offense. People v. Cazares, 86 Ill. App.3d 612, 615 (1980). Charging instruments may be amended at any time to correct formal defects; a formal defect is one that does not alter the nature and elements of the charged offense.
) This court's policy is to disregard mere technical objections and require only that a charging instrument state the essential elements of the offense. People v. Cazares (1980), 86 Ill. App.3d 612, 615, 408 N.E.2d 258. To determine whether a complaint is sufficient, a court considers the plain and ordinary meaning of its language as read and interpreted by a reasonable person.
The driver stopped to purchase gasoline and cigarettes. During the stop, defendant, while armed with a gun, entered the gas station building, demanded money, and after the attendant placed the money on a table shot the attendant in the area of his stomach. • 1, 2 Defendant cites People v. Cazares (1980), 86 Ill. App.3d 612, 408 N.E.2d 258, for the proposition that attempted murder is a lesser included offense of armed violence. Our supreme court, however, has recently ruled that when the armed violence conviction, as in the case at bar, is based upon the underlying felony of aggravated battery, which does not require proof of intent to kill necessary for an attempted murder conviction, attempted murder is not a lesser included offense of armed violence.
On review, we will not substitute our judgment for that of the trial court who had the opportunity to observe the demeanor of the witnesses. People v.Manion (1977), 67 Ill.2d 564, 578, 367 N.E.2d 1313, cert. denied (1978), 435 U.S. 937, 55 L.Ed.2d 533, 98 S.Ct. 1513; People v. Cazares (1980), 86 Ill. App.3d 612, 615, 408 N.E.2d 258. Accordingly, for the reasons noted, the judgment of the circuit court is affirmed.
( People v. King (1977), 66 Ill.2d 551, 363 N.E.2d 838, cert. denied (1977), 434 U.S. 894, 54 L.Ed.2d 181, 98 S.Ct. 273; People v. Sass (1979), 73 Ill. App.3d 554, 392 N.E.2d 399.) There must be a single physical act ( People v. King) and one conviction of crime as to each victim ( People v. Cazares (1980), 86 Ill. App.3d 612, 408 N.E.2d 258). But, the conviction and sentence should only be to the greatest offense charged.