People v. Drakeford

The issue before this court is whether, in light of our decision in People v. Alejos (1983), 97 Ill. 2d 502, a defendant can be sentenced for armed violence predicated on aggravated battery causing great bodily harm if a simultaneous conviction for second degree murder has been returned against a defendant for the same act. We hold that a defendant may not be sentenced for armed violence predicated on aggravated battery when a simultaneous conviction for second degree murder is returned for the same act.

Defendant, Diann Drakeford, and the victim, Ellouise, Burton, were sisters. On the evening…