Illinois Appellate Court
Criminal Court
Jury Instructions
Defendant was convicted, after jury trial, of armed robbery with a firearm, and was sentenced to six concurrent prison terms of 50 years. State informed court, mid-trial, that Defendant wanted to plead to 21 years, and court within its discretion in rejecting plea, as evidence and testimony had been presented and court did not believe 21 years was sufficient. As notice of appeal is limited to convictions for armed robbery, court does not have jurisdiction to review his prior convictions for AUUW, even though Illinois Suprmee Court has found that Class 4 form of AUUW facially violates Second Amendment. Court instructed jury on offense with armed robbery with a dangerous weapon, but modified IPI 14.06 to correctly use the term firearm and not dangerous weapon; jury instruction error was not structural error.
(HALL and REYES, concurring.)