People v. Spencer

Defendant was convicted, after bench trial, of armed robbery with a dangerous weapon other than a firearm. Defendant had been charged with armed robbery while armed with a firearm and aggravated unlawful restraint, based on accountability theory, for robbery of victim to whom she had arranged to sell cell phones. The two offenses are separate and distinct, and court improperly considered sua sponte whether Defendant committed armed robbery with a dangerous weapon other than a firearm. Plain error doctrine inapplicable, as error was not structural. Conviction vacated based on counsel's ineffectiveness in failing to object to court's improper finding of guilt on uncharged offense. Conviction for aggravated unlawful restraint vacated under one-act, one-crime rule, as both convictions were carved from same physical act. (LAVIN and MASON, concurring.)