People v. Gillespie

Illinois Appellate Court
Civil Court
Sentencing
Citation
Case Number: 
2012 IL App (4th) 110151
Decision Date: 
Wednesday, August 29, 2012
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
APPLETON
Defendant was convicted, after jury trial, of 2 counts of armed robbery. By omitting to tell Defendant his potential punishment for armed robbery, court failed to give Defendant all admonitions that Rule 401(a) required. Section 18-2(b) of armed robbery statute, requiring 15-year enhancements, is void ab initio, as provision violated proportionate-penalties clause when enacted. (COOK and KNECT, concurring.)