November 17, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 02 CR 31770
DEMETRIUS JOHNS, ) The Honorable
) Reginald Baker,
Defendant-Appellant. ) Judge Presiding.
JUSTICE GARCIA delivered the opinion of the court.
Following a jury trial, Demetrius Johns was found
accountable for armed robbery but not for murder. He was given
an 11-year sentence with an "add-on" penalty of 15 years because
the armed robbery was committed with a handgun. On appeal, the
defendant contends (1) his trial counsel was ineffective for
failing to assert a compulsion defense, (2) the add-on portion of
his sentence violates the "prohibition against disproportionate
penalties," and (3) his nonenhanced sentence of 11 years is an
abuse of discretion because a principal codefendant was sentenced
to six years for armed robbery.
We affirm: a compulsion defense was unavailable to the
defendant as a matter of law. We therefore reject his
ineffective assistance claim. We agree, however, that imposing
an add-on penalty of 15 years violated the proportionate