People v. Rothe

Defendant was convicted of armed robbery with a dangerous weapon other than a firearm and was sentenced to life in prison. Defendant subsequently filed a petition for relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure, arguing that his sentence violated the proportionate penalties clause because the offense of armed robbery with a weapon other than a firearm and armed violence with a Category III weapon contained identical elements, but the penalty for armed robbery is greater. The circuit court dismissed defendant’s petition as untimely. The appellate court held that the petition was timely, but affirmed by finding defendant’s sentence did not violate the proportionate penalties clause. The supreme court also affirmed, finding that armed robbery and armed violence predicated on robbery with a Category III weapon are not identical offenses. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, ROCHFORD, and O’BRIEN, concurring)