People v. Gresham

We deal here with bootstrapping offenses into more serious convictions and the double enhancement of sentence.

The result is a mixed bag.

We affirm in part, reverse in part and remand.

Gresham was convicted by a jury of armed violence, aggravated battery, and two counts of unlawful use of weapons. He received concurrent sentences of 18 years’ imprisonment for armed violence and 8 years on one of the unlawful use of weapons counts.

On appeal, defendant argues: (1) that the crime of armed violence may not be predicated upon the felony offense of aggravated battery with the use of a deadly weapon;…