People v. Cherry

Defendant was convicted, after jury trial, of aggravated battery with a firearm and armed violence predicated on his knowingly causing great bodily harm to another. Plain language of current armed violence statute prohibits predicating armed violence on any part of aggravated battery statute, including Section 12-4(a), as wording excludes any offense that makes use of dangerous weapon either element of base offense or aggravated or enhanced version of offense. No ineffective assistance of counsel where claims are as to trial counsel's strategy or are refuted by the record or present general and unsupported allegations. (GOLDENHERSH and STEWART, concurring.)