People v. Marston

A jury found defendant, Kenneth L. Marston, guilty of home invasion (720 ILCS 5/12 — 11(a)(2) (West 2002)), aggravated battery (720 ILCS 5/12 — 4(b)(1) (West 2002)), and criminal trespass to a residence (720 ILCS 5/19 — 4 (West 2002)). The trial court merged the conviction of criminal trespass to a residence with the home invasion conviction. The court imposed concurrent prison terms of seven years for the home invasion and three years for the aggravated battery. On appeal, defendant argues alternatively that we must (1) vacate his aggravated battery conviction pursuant to the one-act,…