People v. Harris 

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2011 IL App (1st) 092251
Decision Date: 
Friday, July 22, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part; remanded.
Justice: 
J. GORDON
Offense of aggravated kidnaping while armed with a firearm has same elements as armed violence predicated on kidnaping. Truth-in-sentencing requirement that a defendant serve 85% of his sentence for aggravated kidnaping while armed with a firearm, such that a person convicted of that offense may be eligible for lesser amount of good-time credit than someone convicted of armed violence predicated on kidnaping, does not violate equal protection clause. Although limiting the eligibility of certain inmates to good-time credit may constitute disparate treatment among those inmates, a statute does not necessarily violate equal protection where it differentiates among prisoners who committed disparate crimes. (FITZGERALD SMITH and HOWSE, concurring.)