People v. Lundy

Defendant was convicted, after bench trial, of armed robbery with a dangerous weapon other than a firearm, and sentenced to 10 years in prison. Defendant was caught shoplifting $33 worth of underclothes from a dollar store, and when confronted flashed a box cutter in his hand. Court was aware of mitigating factors, including Defendant's history or addiction and homelessness and his participation in treatment program. Offense for which convicted is a Class X offense, and Defendant was mandatorily subject o Class X sentencing based on his criminal background. Sentence is not manifestly disproportionate to nature of offense. (MASON, concurring; HYMAN, dissenting.)