People v. Drakeford

Because I believe People v. Taylor (1985), 139 Ill. App. 3d 779, 487 N.E.2d 767, presents a better reasoned approach, I respectfully dissent.

Defendant here was convicted of second degree murder and armed violence predicated on aggravated battery, two separate offenses. I disagree with the majority that we should look to the same set of facts analysis. Aggravated battery, a proper predicate felony for armed violence, simply is not a lesser included offense of voluntary manslaughter, or second degree murder. Aggravated battery requires a more culpable mental state. (139 Ill. App. 3d at 782, 487…