Are Multiple Convictions Based Upon the Same Act Legal ?
In In re D. Mareno, 43 Ill. App. 3d 556, 357 N.E.2d 592, 2 Ill. Dec. 425 (1976) the respondent argued that the trial court erred in finding him delinquent based on two charges--aggravated assault and criminal damage to property-- because they resulted from a single act. In re D. Mareno, 43 Ill. App. 3d at 557.
Although noting the law was clear that "in criminal cases multiple convictions based upon the same act are improper, and only the conviction and sentence for the most serious offense may stand," the court stated that neither party had discussed whether this rule was applicable to juvenile proceedings. In re D. Mareno, 43 Ill. App. 3d at 557.
The In re D. Mareno court found that:
"Upon the filing of a single petition for adjudication of wardship there could be but one finding of delinquency, even though predicated upon multiple offenses which may have arisen out of the same conduct." In re D. Mareno, 43 Ill. App. 3d at 558.
According to the court, the circumstance before it was "not an instance of multiple convictions, but rather a case involving a single finding of delinquency." In re D. Mareno, 43 Ill. App. 3d at 558.
As such, the court found no prejudice to the respondent and affirmed the trial court's order. In re D. Mareno, 43 Ill. App. 3d at 558.