People v. Blanco
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 91085 Rel
|
Docket No. 91085-Agenda 15-September 2001. THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JUSTICE THOMAS delivered the opinion of the court: The sole issue in this case is whether the 15-year sentencingenhancement for armed robbery while in possession of a firearm(720 ILCS 5/18-2(a)(2), (b) (West 2000)) is valid and enforceable.We hold that it is not. BACKGROUND This is a companion case to People v. Garcia, No. 90958(April 18, 2002). Like Garcia, this defendant, Alvaro Blanco, wascharged with several offenses, including armed robbery while inpossession of a firearm (720 ILCS 5/18-2(a)(2) (West 2000)).Although armed robbery is classified generally as a Class Xfelony, subsection (b) of the armed robbery statute provides that,for armed robberies while in possession of a firearm, "15 yearsshall be added to the term of imprisonment imposed by the court."720 ILCS 5/18-2(b) (West 2000). Prior to trial, defendant filed amotion arguing that the 15-year sentencing enhancement violatesthe proportionate penalties clause of the Illinois Constitution (Ill.Const. 1970, art. I, |