People v. Miles

Illinois Appellate Court
Criminal Court
Weapons
Citation
Case Number: 
2017 IL App (1st) 132719
Decision Date: 
Thursday, September 21, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
GORDON

Defendant was convicted, after jury trial, of armed robbery and sentenced as a habitual criminal to natural life. Court properly dismissed Defendant's pro se Section 2-1401 petition for relief from judgment. Defendant was charged with armed robbery with a firearm but convicted of armed robbery with a dangerous weapon. Court properly applied preamended statute of armed robbery with a dangerous weapon. A person can be found guilty of armed robbery if committing robbery while armed either with a firearm or "other" dangerous weapons. A firearm is itself a dangerous weapon. (REYES, concurring; HALL, specially concurring.)