People v. Dunnavan

Defendant, David D. Dunnavan, appeals his conviction of child pornography (720 ILCS 5/11 — 20.1(a)(l)(iv) (West 2002)), contending that it is barred by the principle of double jeopardy. Defendant argues that his prior conviction in New Mexico of sexual exploitation of children (possession of child pornography) (N.M. Stat. Ann. §30 — 6A— 3(A) (LexisNexis 2007)) constitutes the same conduct and is also a lesser-included offense of the Illinois offense of creation of child pornography (720 ILCS 5/11 — 20.1(a)(l)(iv) (West 2002)), and that this serves to bar his conviction of the Illinois offense…