People v. Dunnavan

              No. 2--06--0518 Filed: 3-26-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Boone County.
)
Plaintiff-Appellee, ))
v. ) No. 05--CF--105
)
DAVID D. DUNNAVAN, ) Honorable
) Gerald F. Grubb,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
Defendant, David D. Dunnavan, appeals his conviction of child pornography (720 ILCS
5/11--20.1(a)(1)(iv) (West 2002)), contending that it is barred by the principle of double jeopardy.
Defendant argues that his prior conviction in New Mexico of sexual exploitation of children
(possession of child pornography) (N.M. Stat. Ann. §30--6A--3(A) (Lexis Nexis 2007)) constitutes
the same conduct and is also a lesser-included offense of the Illinois offense of creation of child
pornography (720 ILCS 5/11--20.1(a)(1)(iv) (West 2002)), and that this serves to bar his conviction
of the Illinois offense in this case. We affirm.
On March 22, 2005, defendant was charged in New Mexico with the crime of sexual
exploitation of a child (possession of child pornography). On April 4, 2005, defendant pleaded no
contest to the charge and on May 31, 2005, defendant was sentenced in New Mexico for the offense.