People v. Malone 

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (1st) 110517
Decision Date: 
Friday, September 28, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD
Defendant was convicted, after bench trial, of armed robbery with a firearm. Store cashier testified that she saw Defendant holding what appeared to be a gun, and that he then told her to open the cash drawer. Video and still photo showed Defendant holding what appears to be an actual gun. No evidence was presented that the gun was a toy gun, BB gun, or anything other than a real gun. Rational trier of fact could have found that Defendant was armed with a gun that met statutory definition of firearm. Court properly applied 15-year sentencing enhancement, which did not violate proportionate penalties clause. (HOFFMAN and KARNEZIS, concurring.)