People v. Lombardi

The issue presented in these four consolidated appeals is whether the statutory penalty for armed violence involving a Category I weapon (720 ILCS 5/33A — 3 (West 1996)) is unconstitutional when the underlying felony for this offense is possession of a controlled substance or residential burglary. Prior to trial, the circuit court of Kankakee County dismissed the armed violence charges against the defendant in each case on the basis that the penalty for armed violence violates the due process and proportionaté penalties provisions of the Illinois Constitution of 1970 (Ill. Const. 1970, art.…