People v. Westefer

Defendant, Robert Westefer, was found guilty by a jury in the circuit court of Du Page County of the offense of armed robbery (Ill. Rev. Stat. 1985, ch. 38, par. 18 — 2(a)) and was sentenced pursuant to the habitual criminal statute (Ill. Rev. Stat. 1985, ch. 38, par. 33B — 1) to life imprisonment.

The following issues are raised on appeal: (1) whether the trial court improperly classified a utility knife as a dangerous weapon as a matter of law, thereby erring in refusing defendant’s tendered instruction on the lesser-included offense of robbery; (2) whether it was plain error for the State…