Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court Criminal opinions in People v. Hernandez, People v. Cotto and People v. Grant.
People v. Hernandez
By Jay Wiegman, Office of the State Appellate Defender
In People v. Hernandez, 2016 IL 118672, the Illinois Supreme Court built upon its recent decision in People v. Ligon, 2016 118023, and determined that the elements of armed robbery are not identical to the elements of armed violence. Because armed robbery does not have the same elements as the lesser Class 2 offense of armed violence with a Category III weapon, which carried a lesser penalty, the Class X sentence for armed robbery imposed upon Hernandez did not violate the proportionate penalties clause of the Illinois Constitution.