Illinois Supreme Court· 9/18/2003

People v. Graves

Citations

800 N.E.2d 790
207 Ill. 2d 478
279 Ill. Dec. 502

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“setting forth identical offenses is not synonymous with setting forth identical elements” (emphases in original)
comparing unauthorized theft of over $20,000 from a victim over 60 years of age to theft by deception of $20,000 from a victim over 60 years of age and concluding the offenses did not contain identical elements
referring to aggravated battery as “[a] textbook example of a single offense that can be committed in multiple ways,” yet distinguishing two subsections, referring to each as an “offense,” and observing they contain distinct “elements”
“setting forth identical offenses is not synonymous with setting forth identical elements[.] *** That a single offense of theft may be performed in an number of ways necessarily requires that the single offense of theft be defined in a number of ways.”
under identical elements test, court compared statutory elements of unauthorized theft to statutory elements of theft by deception
under the identical elements test, the proportionate penalties clause is violated where offenses with identical elements are given different sentences

Source: CourtListener parenthetical corpus (CC0).

Judges: Thomas

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Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

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