People v. Devenny
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 91291 Rel
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Docket No. 91291-Agenda 10-January 2002. 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 Defendant, Jeremy Devenny, was charged by indictment withrobbery (720 ILCS 5/18-1 (West 2000)) and armed robbery whilein possession 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 bothviolates the proportionate penalties clause of the IllinoisConstitution (Ill. Const. 1970, art. I, |