People v. Clark

Defendant was convicted, after bench trial, of uncharged offenses, finding they were lesser-included offenses of charged offenses of aggravated vehicular hijacking while armed with firearm and armed robbery while armed with firearm. Offenses of which Defendant was convicted, aggravated vehicular hijacking with a dangerous weapon other than a firearm and armed robbery with a dangerous weapon other than a firearm were not lesser-included offenses because charging instruments did not permit inference that Defendant used a weapon other than a firearm during the offense. Thus, convictions are reduced to vehicular hijacking and robbery, and remanded for resentencing. (FITZGERALD SMITH and HOWSE, concurring.)