People v. Thornton

PRESIDING JUSTICE LINN

delivered the opinion of the court:

After a bench trial, the defendant was acquitted of attempted murder but was found guilty of aggravated battery and armed violence; he was sentenced to a six-year prison term on the latter offense. On appeal, he contends first that his armed violence conviction is inconsistent with the purpose of the armed violence statute; second, that the trial judge erred in finding him guilty of armed violence with a category I weapon, where he was charged only with using a category II weapon (Ill. Rev. Stat. 1983, ch. 38, pars. 33A — 1(b), (c));…