NO. 4-03-0116

JUSTICE TURNER delivered the opinion of the court:

In June 2000, the State charged defendant, OlugbalahRidley, with armed robbery. In August 2000, a jury found defendant guilty. The trial court sentenced defendant to 21 years'imprisonment. In November 2002, this court affirmed defendant'sconviction, vacated his sentence, and remanded for a new sentencing hearing. In January 2003, the trial court sentenced defendant to 15 years' imprisonment.

On appeal, defendant argues the trial court erred insentencing him to a prison term greater than six years. Weaffirm.

I. BACKGROUND

In August 2000, a grand jury indicted defendant on thecharge of armed robbery alleging he, while armed with a dangerousweapon, a gun, took property from the presence of Kenyon Ross bythe use of force in violation of section 18-2(a)(2) of theCriminal Code of 1961 (Criminal Code) (720 ILCS 5/18-2(a)(2)(West 2000)). A jury found defendant guilty. In September 2000,the trial court sentenced defendant to 6 years' imprisonment plusan additional 15-year enhancement pursuant to section 18-2(b) ofthe Criminal Code (720 ILCS 5/18-2(b) (West 2000)). The courtalso found the armed robbery resulted in great bodily harm to thevictim, requiring defendant to serve 85% of the sentence imposed.

In November 2002, defendant appealed, arguing, interalia, the 15-year sentence enhancement must be vacated in lightof People v. Walden, 199 Ill. 2d 392, 769 N.E.2d 928 (2002). This court affirmed defendant's conviction but, in light ofWalden, vacated defendant's 15-year sentence enhancement andremanded for a new sentencing hearing. People v. Ridley, No. 4-00-1064 (November 14, 2002) (unpublished order under SupremeCourt Rule 23).

In January 2003, defendant filed a memorandum of lawprior to the resentencing hearing, arguing the trial court wasrequired to sentence defendant to six years in prison. The courtsentenced defendant to 15 years' imprisonment. Defendant filed amotion to reconsider, which the trial court denied. This appealfollowed.

II. ANALYSIS

Defendant argues the trial court should have sentencedhim to a six-year prison term, thereby striking the unconstitutional portion of his original sentence. We disagree.

Defendant's sole argument on appeal is that his case isgoverned by this court's ruling in People v. Baker, 341 Ill. App.3d 1083, 794 N.E.2d 353 (2003). In that case, the trial courtsentenced the defendant to concurrent sentences of 40 years inprison for aggravated kidnaping, which included a 15-year enhancement for being armed with a firearm, 30 years in prison forarmed violence, and 5 years in prison for unlawful possession ofa weapon by a felon. Baker, 341 Ill. App. 3d at 1084-85, 794N.E.2d at 355. On appeal, the defendant argued, inter alia, the15-year enhancement for aggravated kidnaping violated the proportionate penalties clause of the Illinois Constitution (Ill.Const. 1970, art. I,