People v. Ligon

For purposes of identical elements test, offense of aggravated vehicular hijacking with a bludgeon is identical to armed violence based on vehicular hijacking with a bludgeon. Respective penalties for those offenses are disparate, and thus, Defendant's sentence for aggravated vehicular hijacking is disproportionate to that for the identical offense of armed violence and cannot stand. As remedy, Defendant must be sentenced under lesser of two identical offenses, even if that lesser offense was uncharged. (CONNORS and CUNNINGHAM, concurring.)