People v. Johnson

The defendant was indicted on February 14, 1978, in Kane County, for armed robbery, attempt murder, and aggravated battery. (Ill. Rev. Stat. 1977, ch. 38, pars. 18 — 2, 8 — 4(a) and 12 — 4.) On April 10, 1978, just prior to jury selection, the prosecutor informed the court: “I failed to mention we are proceeding only on Count I [armed robbery].” There was no express consent given by the trial court, nor was there any written order nolle pressing or dismissing the remaining two counts. The defendant was convicted by a jury of armed robbery, and his motion for a new trial was denied. He elected…