People v. Brooks

Consolidated appeals addressing the constitutionality of the aggravated unlawful use of a weapon statute (AUUW). Defendants argued on appeal that the statute violated the proportionate penalties clause of the Illinois Constitution. The appellate court affirmed the order of the circuit court denying defendant’s motion to declare the statutes unconstitutional, finding that the proportionate penalties clause is not violated where a person convicted of AUUW may also meet the criteria for an unlawful use of a weapon (UUW) conviction, but that the opposite is not true, i.e., the mere fact that UUW is a lesser included offense of AUUW does not make the latter statute unconstitutional and the higher sentences for AUUW is not constitutionally disproportionate. (O’BRIEN and DAUGHERITY, concurring)