Court of Appeals of Illinois, First District, Third Division
Appeal from the Circuit Court of Cook County. No. 12 CR 3996. Honorable James B. Linn, Judge Presiding.
On appeal from defendant's convictions for armed robbery and aggravated unlawful restraint arising from an incident in which he and two other men took a large amount of cash from a couple lured to a meeting with defendant to purchase a car he apparently listed for sale on Craigslist, his two convictions for aggravated unlawful restraint were vacated under the one-act, one-crime doctrine, since restraint was inherent in and concurrent with the armed robbery, but the sentences imposed on defendant for armed robbery were not an abuse of discretion and were affirmed.
FOR PLAINTIFFS-APPELLEE: Paul Connery, Tasha-Marie Kelly, Cook County State's Attorney, Chicago, IL.
FOR DEFENDANT-APPELLANT: Ginger Liegh Odom, Office of the State Appellate Defender, Chicago, IL.
JUSTICE HYMAN delivered the judgment of the court, with opinion. Presiding Justice Pucinski and Justice Lavin concurred in the judgment and opinion.
[¶1] Following a bench trial, defendant Rahim McWilliams was convicted of two counts of armed robbery and two counts of aggravated unlawful restraint. On appeal, McWilliams contends that his aggravated unlawful restraint convictions must be vacated because they are based on the same act as his armed robbery convictions in violation of People v. King, 66 Ill.2d 551, 363 N.E.2d 838, 6 Ill.Dec. 891 (1977). We agree that McWilliams's convictions for both aggravated unlawful restraint and
armed robbery violate King 's one-act, one-crime doctrine, where restraint was inherent in and concurrent with the armed robbery, and thus vacate McWilliams's two aggravated unlawful restraint convictions.
[¶2] McWilliams also contends that his concurrent 12-year sentences for each armed robbery count are excessive. We disagree, and conclude that the trial court did not abuse his discretion in the sentencing of McWilliams. Nothing indicates that the trial court failed to consider mitigating factors and the sentence was well within the statutory range.
[¶4] McWilliams, who was 24 years old, was charged by indictment with two counts of armed robbery and two counts of aggravated unlawful restraint. The charges arose out of the robbery of Adam Bock and Jessica Dean by three men on February 9, 2012. Bock and ...