People v. Blair

This case presents question as to whether trial court properly sentenced defendant to 23-year term of incarceration on armed robbery charge where: (1) sentence was based in part on 15-year enhancement for use of firearm during commission of robbery as set forth in section 18-2(b) of Criminal Code; (2) section 18-2(b) was held to be unconstitutional in Hauschild, 226 Ill.2d 63, on grounds that it violated proportionate penalties clause; and (3) Illinois legislature had amended armed violence statute to remedy proportionate penalties clause violation as identified in Hauschild. Appellate Court, in remanding case for new sentencing hearing, found that instant 15-year enhancement was not revived by legislature's subsequent amendment to armed violence statute and concluded that legislature must take some action on section 18-2(b) after Hauschild court's determination of its unconstitutionality before section 18-2(b) could be used at sentencing.