People v. Woods

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2018 IL App (1st) 153323
Decision Date: 
Monday, December 24, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Vacated and remanded with directions.
Justice: 
MIKVA

Defendant was convicted, after bench trial, of 2 counts of armed robbery and sentenced to concurrent terms of 34 years. Court plainly erred by insisting that Defendant cooperate with the Presentence Investigation (PSI) and then using this information against him, as this deprived him of his 5th amendment rights and deprived him of a fair sentencing hearing.Conviction for armed robbery with possession of a firearm must be vacated as it is predicated on same physical act as his conviction for armed robbery with personal discharge of a firearm, under the one-act, one-crime doctrine. Remanded for resentencing before a different judge with a new PSI. (WALKER, concurring; PIERCE, specially concurring.)