People v. Span 

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 1-08-3037
Decision Date: 
Thursday, June 30, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
HALL
After bench trial, Defendant was convicted of attempted armed robbery and aggravated battery. Evidence proved the identification of Defendant as the assailant in convenience store's surveillance video beyond a reasonable doubt. Defendant, by his conduct, abandoned his request to represent himself. Court did not conclusively deny Defendant's motion to proceed pro se, but invited Defendant to present legal authority to support his position, in questioning the timeliness of Defendant's request, and Defendant failed to do so. Aggravated battery is not a lesser-included offense of attempted armed robbery. Penalties for attempted armed robbery in this case are unconstitutionally disproportionate, and proper remedy is to vacate sentence and remand for resentencing on Class 3 felony of attempted armed violence. (LAMPKIN and ROCHFORD, concurring.)