People v. Walden
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 90976 Rel
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Docket No. 90976-Agenda 9-January 2002. THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JUSTICE THOMAS delivered the opinion of the court: The issue presented 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, David Walden, was charged by information withone count of armed robbery while in possession of a firearm (720ILCS 5/18-2(a)(2) (West 2000)). Although armed robbery isclassified generally as a Class X felony, subsection (b) of thearmed robbery statute provides that, for armed robberies while inpossession of a firearm, "15 years shall be added to the term ofimprisonment imposed by the court." 720 ILCS 5/18-2(b) (West2000). Prior to trial, defendant moved to dismiss the information,arguing that the 15-year enhancement violates numerousconstitutional provisions, including the proportionate penaltiesclause and the separation of powers clause of the IllinoisConstitution (Ill. Const. 1970, art. I, |