People v. Wells

Robert A. Wells (defendant) appeals from a judgment of conviction entered upon a jury verdict of guilty of the offense of armed violence (720 ILCS 5/33A — 2 (West 1998)). The court sentenced defendant to 11 years’ imprisonment. Defendant argues that his trial counsel provided ineffective assistance when he failed to offer instructions giving the jury the option of finding defendant guilty of armed violence with a bludgeon, which is a Class 2 felony, rather than with a shotgun, which is a Class X felony. Defendant also argues that he is entitled to a new sentencing hearing because the statute…