People v. Swaggirt

Defendant, Robert Swaggirt, was convicted of aggravated battery (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(a)) and armed violence (Ill. Rev. Stat. 1991, ch. 38, par. 33A — 2). The trial court sentenced defendant to six years’ imprisonment. We reverse defendant’s conviction and remand for a new trial.

The following summary of the facts is taken from the record. Defendant was charged by indictment with two counts of aggravated battery (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(b)(1); Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4(a)) and one count of armed violence (Ill. Rev. Stat. 1991, ch. 38, par.…