People v. Novak

JUSTICE NICKELS,

also dissenting:

I disagree with the majority’s application of the lesser included offense doctrine to bar defendant’s requested jury instruction of aggravated criminal sexual abuse.

The majority engages in a thorough discussion of the three separate approaches used to determine whether one offense is a lesser included offense of another. It ultimately concludes that the "charging instrument” approach is the proper approach to be used. I agree with this conclusion because it is consistent with this court’s decisions in People v. Bryant (1986), 113 Ill. 2d 497, and People v.…