People v. Westmoreland

Illinois Appellate Court
Criminal Court
Weapons
Citation
Case Number: 
2013 IL App (2d) 120082
Decision Date: 
Tuesday, September 24, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HUTCHINSON
Defendant was convicted of armed violence for beating a child with a belt. A belt is not normally used as a dangerous weapon of a bludgeon-like character, nor is it inherently a dangerous weapon, and it is not commonly identified as a weapon. Thus, belt was not a category III dangerous weapon, and armed violence conviction cannot stand. (SCHOSTOK and HUDSON, concurring.)