People v. Roberts

Defendant, Rodney Roberts, was found guilty of aggravated battery with a firearm (Ill. Rev. Stat. 1991, ch. 38, par. 12 — 4.2). He was sentenced to 61/2 years in the Illinois Department of Corrections. We reverse and remand.

The issues for review by this court are (1) whether the trial court erred when it refused to instruct the jury on the lesser-included offense of reckless conduct; (2) whether the aggravated battery with a firearm statute is unconstitutional as violative of the guarantees of due process and proportionate penalties; (3) whether the judge erred by failing to apprise defense…