People v. Walden

The issue presented is whether the 15-year sentencing enhancement for armed robbery while in possession of a firearm (720 ILCS 5/18 — 2(a)(2), (b) (West 2000)) is valid and enforceable. We hold that it is not.

BACKGROUND

Defendant, David Walden, was charged by information with one count of armed robbery while in possession of a firearm (720 ILCS 5/18 — 2(a)(2) (West 2000)). Although armed robbery is classified generally as a Class X felony, subsection (b) of the armed robbery statute provides that, for armed robberies while in possession of a firearm, “15 years shall be added to the term of…