People v. Davis

Separate juries returned verdicts convicting Defendant of two 1985 armed robberies. In doing so, juries rejected Defendant's version of events, set forth in his postconviction petitions, that weapon at issue was a toy gun. Eyewitness testimony that offender was armed with a gun, where witness could see the weapon, is sufficient to allow reasonable inference that weapon was a real gun. Defendant's Class X felony armed robbery convictions may not properly be compared to Class 2 felony offense of armed violence with a category II weapon. Thus, no disproportionality exists, as a conviction under either statute would be a Class X felony subjecting Defendant to mandatory natural life sentence as a habitual offender. Thus, Defendant's adjudication as a habitual criminal, convictions and natural life sentences do not violate proportionate penalties clause. (CUNNINGHAM and CONNORS, concurring.)