People v. Tate

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

In defendant’s petition for rehearing, he correctly points out that the aggravated battery for which defendant was convicted involved the element of the use of a deadly weapon (Ill. Rev. Stat. 1979, ch. 38, par. 12 — 4(b)(1)) rather than the element of causing great bodily harm (Ill. Rev. Stat. 1979, ch. 38, par. 12 — 4(a)). Nevertheless, the aggravated battery and the home invasion offenses of which defendant was convicted each required elements not a required part of the other offense, and neither offense was an included offense of the other.

People…