# People v. Brown

> Appellate Court of Illinois · November 9, 1973 · 15 Ill. App. 3d 205

URL: https://www.frixlaw.com/law-library/cases/9734770

## Case

- **Full name:** The People of the State of Illinois, Plaintiff-Appellee, v. Johnny MacK Brown, Defendant-Appellant
- **Court:** Appellate Court of Illinois
- **Decided:** November 9, 1973
- **Citations:** 15 Ill. App. 3d 205; 303 N.E.2d 465; 1973 Ill. App. LEXIS 1637
- **Precedential status:** Published
- **Opinion:** Concurring in part by Alloy
- **Judges:** Scott, Alloy
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9734770

## Opinion text

Mr. PRESIDING JUSTICE ALLOY concurring in part and dissenting in part:
I concur in the above opinion as to the vacation of the sentence for burglary and affirming the sentencing for rape. I believe, however, that until the Supreme Court of Illinois renders a definitive decision in a case such as People v. Lilly, 9 Ill.App.3d 46 , 291 N.E.2d 207 , which is now pending before such court, that the prior cases have indicated a determination that (where the single sentence principle was involved and both the conviction and sentence for the lesser of the crimes arise from the same conduct as the greater crime) both the conviction and sentence as to the lesser crime should be vacated, with a proviso and condition that the conviction and sentence imposed as to the greater crime must continue to be valid and sustained through the appellate process. People v. Leggett, 2 Ill.App.3d 962 , 275 N.E.2d 651 ; People v. Short, 4 Ill.App.3d 849 , 281 N.E.2d 785 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9734770. Public record. Not legal advice.