Illinois Appellate Court
Criminal Court
Robbery
(Court opinion corrected 8/22/18.) At Rule 402 conference, trial court offered Defendant a 13-year sentence, which Defendant rejected. After bench trial, Defendant was convicted of armed robbery and sentenced to 16 years. Trial court found that Defendant used pepper spray as a "dangerous weapon", as he and his codefendant used it to immobilize video game store employee who they planned to rob. Evidence supports court's explanation that 16-year sentence was appropriate as additional detail heard at trial pertained to the "planned nature" of the crime. It is not "clearly evident" that 16-year sentence was punishment from Defendant rejecting plea offer. (MASON and PUCINSKI, concurring.)