People v. Cherry

This case presents question as to whether defendant’s conviction on charge of armed violence can be predicated on offense of aggravated battery, where underlying battery charge was based on defendant having caused great bodily harm. Appellate Court, in vacating defendant’s armed violence conviction and remanding matter to trial court for new sentence on aggravated battery charge, agreed with defendant that aggravated battery is specifically prohibited from being predicate felony for armed violence offense under 720 ILCS 5/33A-2(b), because armed violence statute excludes (as predicate offenses) offenses that make possession or use of dangerous weapon either an element of base offense or an aggravated or enhanced version of said offense. In its petition for leave to appeal, State argued that aggravated battery based on causing great bodily harm is not excluded since presence or use of weapons is not element of said offense.