Starting a Fire Which Resulted In Death During Home Invasion
In People v. McLaurin, 184 Ill. 2d 58, 703 N.E.2d 11, 234 Ill. Dec. 399 (1998), the State alleged that the defendant entered the victim's home and set a fire, which led to the victim's death. 184 Ill. 2d at 104-105, 703 N.E.2d at 33.
A jury convicted the defendant of several offenses, including intentional murder and home invasion.
On appeal, the defendant argued that "his convictions for intentional murder and home invasion resulted from the same physical act, that is, the setting of the fire."
The supreme court rejected this argument, explaining that "the offense of home invasion involved an additional physical act of entering the dwelling of the victim." McLaurin, 184 Ill. 2d at 103-105, 703 N.E.2d at 32-33.
In McLaurin, the State alleged multiple physical acts, i.e. entering the victim's home and starting a fire which resulted in death. 184 Ill. 2d at 104-105, 703 N.E.2d at 33.
By charging the defendant with the additional act of entering the victim's home, the State was able to obtain an additional conviction for home invasion. McLaurin, 184 Ill. 2d at 104-105, 703 N.E.2d at 33.