People v. Clark

This case presents question as to whether trial court properly found defendant guilty of uncharged offenses of aggravated vehicular hijacking with dangerous weapon other than firearm (720 ILCS 5/18-4(a)(3)) and armed robbery with dangerous weapon other than firearm (720 ILCS 5/18-2(a)(1)), where trial court believed that such offenses were lesser-included offenses to charged offenses of aggravated vehicular hijacking while armed with firearm (720 ILCS 5/18-4(a)(4)) and armed robbery while armed with firearm (720 ILCS 5/18-2(a)(2)). Appellate Court, in vacating and reducing defendant’s convictions, found that instant uncharged offenses were not lesser-included offenses of charged offenses because charging instrument did not permit inference that defendant used weapon other than firearm during incident.