People v. Rothe

Dist. Ct. did not err in denying defendant’s petition for relief under section 2-1401 Code of Civil Procedure, where defendant alleged that his natural life sentence for his Class X armed robbery conviction violated proportionate penalties clause of Ill Constitution because identical offense of armed violence predicated on robbery with Category III weapon is punished less severely than his armed robbery conviction. Appellate Court, in affirming trial court, found no proportionate penalties clause violation under identical elements test, because generally broader class of dangerous weapons under armed robbery statute was distinct from specific statutorily defied list of dangerous weapons under armed violence statute.