Illinois Appellate Court
Criminal Court
Sentencing
Defendant was convicted of several offenses arising out of a routine traffic stop during which he assaulted an Illinois State Police trooper. On appeal, defendant argued that his conviction for disarming a peace officer should be reversed because the pepper spray he took from the officer was not a “weapon” for the purposes of the statute and that his aggregate 44-year sentence was excessive. The appellate court affirmed, finding that the generalized nature of the relevant statue encompassed pepper spray and that the trial court did not err in sentencing because it considered the appropriate factors in mitigation and aggravation. (CAVANAGH and ZENOFF, concurring)