People v. Pedersen

I respectfully dissent from the majority’s holding that under People v. Bryant (1986), 113 Ill. 2d 497, “resisting arrest is a lesser included offense of aggravated battery” and that defendant was therefore entitled to an instruction he requested on the offense of resisting arrest. See 195 Ill. App. 3d at 130.

In Bryant, our supreme court, relying on its decision in People v. Dace (1984), 104 Ill. 2d 96, held that an instruction tendered by the defendant therein for the less serious offense of criminal damage to property should have been given by the trial judge where the indictment charged…