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PEOPLE v. YOUNG

No. 2-04-0222.

840 N.E.2d 825 (2005)

362 Ill. App.3d 843

298 Ill. Dec. 712

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Alvin L. YOUNG, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 22, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Steven E. Wiltgen (Court-appointed), Office of the State Appellate Defender, Elgin, for Alvin L. Young.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Margaret M. Healy, Woodridge, for the People.

Justice GROMETER delivered the opinion of the court:

Defendant, Alvin L. Young, appeals from his convictions of two counts of domestic battery (720 ILCS 5/12-3.2(a)(1), (a)(2) (West 2002)). He contends that the State failed to prove an element of that offense, that the victim was a "family or household member" (720 ILCS 5/12-3.2(a)(1), (a)(2) (West 2002)) and that the dual convictions violate the one-act-one-crime rule because the State did not try to prove two separate...

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