People v. Cazares

6 Citing cases

  1. People v. Stokes

    95 Ill. App. 3d 62 (Ill. App. Ct. 1981)   Cited 44 times
    In Stokes, a police officer expressed an opinion concerning the trajectory of a bullet and the point of origin of gunfire.

    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.

  2. People v. Tellez-Valencia

    188 Ill. 2d 523 (Ill. 1999)   Cited 62 times
    Holding that even the defendants' charging instruments failed to state an offense because the authorizing statute was later held facially unconstitutional

    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.

  3. People v. Wilkenson

    262 Ill. App. 3d 869 (Ill. App. Ct. 1994)   Cited 11 times
    Finding sufficient evidence of child endangerment despite inconsistencies between police testimony and arrest reports and despite possible alternative explanation for evidence

    ) 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.

  4. People v. Rayford

    104 Ill. App. 3d 124 (Ill. App. Ct. 1982)   Cited 3 times
    In People v. Ray ford, 104 Ill. App. 3d 124, 126 (1982), the appellate court, without discussion, allowed the State to choose which of two Class X felonies it would pursue on appeal.

    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.

  5. People v. Agee

    100 Ill. App. 3d 878 (Ill. App. Ct. 1981)   Cited 11 times
    Finding no error in court's refusal to call identifying witness as the court's witness during suppression hearing

    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.

  6. People v. Burnette

    97 Ill. App. 3d 1015 (Ill. App. Ct. 1981)   Cited 10 times

    ( 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.