People v. Ligon

Defendant was convicted, after jury trial, of aggravated vehicular hijacking with a dangerous weapon, other than a firearm (AVH/DW), a Class X felony.  Defendant, while armed with a BB gun, approached a woman as she was getting out of her pickup truck, and took vehicle from her.BB gun was a common-law dangerous weapon of the third type. Trial court properly denied Defendant's Section 2-1401 petition for relief from judgment alleging proportionate penalties violation.  Defendant's mandatory life sentence imposed as an adjudged habitual criminal under Section 33B-1 of Criminal Code is affirmed. (GARMAN, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)