People v. Sole

Following a bench trial, defendant Marco Sole was found guilty of aggravated unlawful use of a weapon and was sentenced to 14 years in prison. On appeal, defendant contends that the aggravated unlawful use of a weapon statute (the aggravated UUW statute) (720 ILCS 5/24 — 1.6 (West 2002)) is unconstitutional because it violates his right to due process of law and the proportionate penalties provision of the Illinois Constitution. He further contends that his sentence was excessive.

Defendant was charged with aggravated unlawful use of a .22-caliber weapon and a .44-caliber weapon.

At trial,…