Can a ''Small Nick or Cut'' Result In Aggravated Battery Conviction ?
In People v. Durham, 303 Ill. App. 3d 763, 708 N.E.2d 1249, 237 Ill. Dec. 209 (1999), the defendant was convicted of aggravated battery with a firearm.
The victim of the battery sustained a gunshot injury which required no medical attention and was described "as a mark or something 'of that nature' and 'like a small nick or cut.'" Durham, 303 Ill. App. 3d at 770.
On appeal, the court held that the sentencing court had abused its discretion in finding that the wound was a severe bodily injury for sentencing purposes.