People v. Booker

Defendant was convicted, after bench trial, of home invasion while armed with a dangerous weapon, robbery, attempted robbery, and unlawful restraint. As information charging Defendant with home invasion "while armed with a firearm" did not state a "broad foundation" or "main outline" of home invasion while armed with a dangerous weapon other than a firearm, court erred in convicting Defendant of uncharged offense of home invasion with a dangerous weapon other than a firearm. Home invasion with a dangerous weapon is not a lesser-included offense of home invasion with a firearm.(SIMON and PIERCE, concurring.)