People v. Zanio

Summary

The Illinois Appellate Court reversed Robert Zanio’s conviction for disorderly conduct after a bench trial in which he had been charged only with battery. The court held that disorderly conduct was not a lesser-included offense of the charged battery under the charging-instrument approach and that the trial evidence did not support acquittal on the battery charge. The court therefore did not reach the defendant’s alternative challenges to the disorderly-conduct finding or the restitution order.

Holdings

1. Disorderly conduct was not a lesser-included offense of the charged battery because the charging instrument did not broadly describe conduct from which the breach-of-the-peace element of disorderly conduct could reasonably be inferred.
2. Even if disorderly conduct had been a lesser-included offense, the conviction could not stand because the evidence did not rationally support an acquittal on the charged battery.
3. The court did not reach the challenge to the $500 restitution order because reversal of the disorderly conduct conviction resolved the appeal.

Questions Presented

1. Whether the trial court violated due process by convicting Zanio of disorderly conduct when that offense was not charged and was not a lesser-included offense of battery under the charging instrument.
2. Whether, assuming disorderly conduct could qualify as a lesser-included offense, the trial evidence rationally supported an acquittal on the charged battery offense.
3. Whether the trial court erred in ordering $500 in restitution without evidentiary support.

Disposition

reversed