People v. Hernandez
Annotate this CaseHernandez,was convicted of armed robbery, a Class X felony under 720 ILCS 5/18-2, and was sentenced to an extended term of 40 years’ imprisonment. Following an evidentiary hearing under the Post-Conviction Hearing Act, during which he argued that the 40-year term imposed for armed robbery violated the proportionate penalties clause of the Illinois Constitution, the circuit court granted a new sentencing hearing, finding the statute “facially unconstitutional” because it carried a harsher penalty than the penalty for “armed violence with a Category III weapon (bludgeon) 720 ILCS 5/33A-1. The Illinois Supreme Court reversed, reinstating the 40-year term of imprisonment. The definition of dangerous weapon for purposes of the armed robbery statute includes not only objects that are per se dangerous, but objects that are used or may be used in a dangerous manner. The common-law definition of “dangerous weapon” found in the armed robbery statute is broader than the definition of “dangerous weapon” in the armed violence statute. The elements of armed robbery, which require proof that defendant was “armed with a dangerous weapon” are not identical to the elements of armed violence, which require proof that defendant committed a qualifying felony while armed with a Category III weapon in violation of 720 ILCS 5/33A-1, 33A-2.
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