Chapter IX Merger (the One Act, One Crime Rule)

• Library: Guide to Sentencing and Bond Hearings in Illinois (2018 Ed.)

Chapter IX. MERGER (THE ONE ACT, ONE CRIME RULE)

In Illinois it is improper for a defendant to be convicted/sentenced for multiple offenses if the offenses were based on the same act. People v. Gooden, 189 Ill. 2d 209 (2010). This only applies to convictions/sentences based upon the same act, not merely within the same incident.

Example: Offender is convicted of Attempt Murder and Aggravated Discharge for shooting at one victim. He will only be sentenced on the Attempt Murder because it is the higher class and both convictions arose out of the same act of firing a gun at the victim. People v. Hicks, 181 Ill. 2d 541 (1998). Multiple counts of Attempt Murder as a result of shooting at several victims during one incident should receive separate sentences.

This issue becomes important if an offender is convicted of multiple offenses that are closely related and in which a mandatory or discretionary consecutive sentence is appropriate. However...