People v. Hernandez

Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
2016 IL 118672
Decision Date: 
Thursday, May 19, 2016
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Circuit court reversed; remanded with directions.
Justice: 
KARMEIER

Defendant was convicted, after bench trial, of several charges, including armed robbery, a Class X felony; and was sentenced to extended term of 40 years for armed robbery. The tin snips used to bludgeon elderly victims qualify as a dangerous weapon under statutory offense of armed robbery, as they are essentially a craftsman's tool, but are heavy enough, when used to strike a victim, to become dangerous. As the proportionate penalties argument made by the State (that sentence imposed did not violate proportionate penalties clause, because tin snips was not a "dangerous weapon") was one of law, rather than fact, State was not equitably barred from taking that position in Defendant's postconviction proceedings nor before appellate court. (GARMAN, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)