People v. Clemons

This case presents question as to whether defendant is entitled to new sentencing hearing where, according to defendant, his 25-year sentence on charge of armed robbery while armed with firearm violates Proportionate-Penalties Clause. Appellate Court, in remanding matter for new sentencing hearing, found that under Hauschild, 226 Ill.2d 63, said sentence violated Proportionate-Penalties Clause since defendant’s charged offense had identical elements to armed violence charge that had lower sentencing range. In its petition for leave to appeal, State urged Ct. to reconsider Hauschild’s method of applying identical elements test of Proportionate-Penalties Clause.