People v. Pennington

Following a bench trial, defendant, Philip Pennington, was convicted of aggravated battery and sentenced to 60 days’ imprisonment, probation for a period of two years, and to undertake psychiatric counseling. The sole issues on appeal are whether the grounds of a privately owned dormitory are “on or about a public way” as defined in section 12 — 4(bX8) of the Criminal Code of 1961 (Code) (Ill. Rev. Stat. 1985, ch. 38, par. 12 — 4(bX8)) and whether his sentence is excessive.

Cary Booth testified at trial that at approximately 4 p.m., on March 31, 1986, defendant attacked her. Booth, a college…