People v. Cornejo

Defendant, age 20 at time of offense, was charged by indictment with armed robbery. He was convicted, after jury trial, of the lesser-included offense of aggravated robbery and sentenced to 7 years. Charge alleged that Defendant threatened imminent use of force against victim which being armed with a firearm, which supports a reasonable inference that Defendant specifically used the firearm to threaten victim. Thus, the charge of armed robbery sufficiently stated facts to include the lesser offense of aggravated robbery. Evidence at trial supported conviction of aggravated robbery but acquittal of armed robbery. No indication in record that court did not consider Defendant's status as an emerging adult offender in imposing sentence. Protections in Miller v. Alabama do not apply, as sentence of 7 years is not a de facto life sentence. (LAVIN and COBBS, concurring.)