People v. Rhodes

The defendant appeals from the Vermilion county circuit court’s imposition of a 10-year prison sentence following the defendant’s conviction for armed robbery (Ill. Rev. Stat. 1983, ch. 38, par. 18 — 2). We vacate the sentence and remand for resentencing.

The record shows that on November 29, 1984, the defendant appeared at a fast-food restaurant, covered his face with a nylon stocking, and ordered the restaurant manager to fill a paper sack with money. To ensure compliance with his commands,, the defendant pointed a small-caliber automatic pistol at the manager and another employee. The…