People v. Witherspoon

PRESIDING JUSTICE APPLETON,

specially concurring in part and dissenting in part:

I agree with the majority that the sentences on counts VIII and IX should run concurrently. I respectfully dissent, however, from the majority’s conclusion that the State proved count VI, a second offense of attempt (aggravated criminal sexual assault).

Defendant does not invoke the one-act, one-crime doctrine in his brief. He does not argue that the State “carved [more than one offense] from the same physical act.” King, 66 Ill. 2d at 566, 363 N.E.2d at 844. Nor does he argue that “with regard to multiple acts,” he…