People v. Moore, Nos. 49184-85

CourtIllinois Supreme Court
Writing for the CourtCLARK
Citation69 Ill.2d 520,372 N.E.2d 666,14 Ill.Dec. 470
Decision Date20 January 1978
Docket NumberNos. 49184-85
Parties, 14 Ill.Dec. 470 The PEOPLE of the State of Illinois, Appellant, v. Robert Lee MOORE, Appellee. The PEOPLE of the State of Illinois, Appellant, v. Michael KUCHARCZYK, Appellee.

Page 666

372 N.E.2d 666
69 Ill.2d 520, 14 Ill.Dec. 470
The PEOPLE of the State of Illinois, Appellant,
v.
Robert Lee MOORE, Appellee.
The PEOPLE of the State of Illinois, Appellant,
v.
Michael KUCHARCZYK, Appellee.
Nos. 49184-85.
Supreme Court of Illinois.
Jan. 20, 1978.

Page 667

[14 Ill.Dec. 471] William J. Scott, Atty. Gen., Springfield, and Thomas J. Difanis, State's Atty., Urbana [69 Ill.2d 521] (Donald B. MacKay, Asst. State's Atty., Chicago, and Robert C. Perry and Jeffrey B. Levens, Ill. State's Attys. Assn., Springfield, of counsel), for the People.

Richard J. Wilson, Deputy State Appellate Defender, and Richard E. Cunningham, Asst. Deputy State Appellate Defender, Springfield, and Richard J. Geddes, Asst. State Appellate Defender, Chicago, for appellee.

CLARK, Justice.

The defendants, Robert Lee Moore and Michael Kucharczyk, were convicted of attempted murder in unrelated proceedings in the circuit court of Champaign County. Each was sentenced to a term of imprisonment of 4 to 10 years. The appellate court, disposing of the cases without opinion under Rule 23 (58 Ill.2d R. 23), affirmed the convictions, but remanded the cases on the basis of People v. Athey (1976), 43 Ill.App.3d 261, 1 Ill.Dec. 45, 356 N.E.2d 1332 for resentencing. It found the trial court believed the recommended minimum sentence of 4 years to be mandated by law. We allowed the State's petitions for leave to appeal (58 Ill.2d R. 315) and consolidated the cases.

The issue is clear. Did the trial court err in sentencing the defendants to a minimum of 4 years and a maximum of 10 years in prison? We find it did and affirm the orders of the appellate court.

The record indicates the trial court, at the sentencing hearing, imposed the sentence on the basis of its belief that the "charge of attempted murder carries with it a minimum of four years in the penitentiary." The relevant part of section 8-4 of the Criminal Code of 1961 (Ill.Rev.Stat.1973, ch. 38, par. 8-4(c)) is:

"A person convicted of an attempt may be fined or [69 Ill.2d 522] imprisoned or both not to exceed the maximum provided for the offense attempted but * * *

(1) the sentence for attempt to commit murder shall not exceed the sentence for a Class 1 felony; * * *."

(There is no issue here involving the maximum sentence that can be given for a Class 1 felony: "the maximum term shall be any term in excess of 4 years." Ill.Rev.Stat.1973, ch. 38, par. 1005-8-1(b)(2).)

The State argues that attempted murder is a Class 1 felony. If that is not clear from the language employed in section 8-4(c)(1) of the Criminal Code of 1961, so the argument goes, it is clear from the legislative intent. Furthermore, the State contends, the failure to use language stating that attempted murder is a Class 1 felony, either in itself or for sentencing purposes, is merely legislative oversight. Although the State concedes the language of section 8-4(c)(1) is not internally inconsistent or confusing, the State maintains there are external contradictions. Thus the State suggests that affirmance of the appellate court would not only result in crimes of attempt being removed from the general classification...

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58 practice notes
  • Marshall v. Lonberger, No. 81-420
    • United States
    • United States Supreme Court
    • 22 Febrero 1983
    ...respondent was sentenced in Illinois, it was not clear whether there was any minimum sentence for attempted murder. See People v. Moore, 69 Ill.2d 520, 14 Ill.Dec. 470, 372 N.E.2d 666 (1978); People v. Jones, 55 Ill.App.3d 446, 455, 13 Ill.Dec. 115, 370 N.E.2d 1142, 1149 (1977). Since then ......
  • Doyle v. Rhodes, Nos. 57554
    • United States
    • Supreme Court of Illinois
    • 20 Enero 1984
    ...a court to declare that the legislature did not mean what the plain language of the statute imports." (People v. Moore (1978), 69 Ill.2d 520, 523, 14 Ill.Dec. 470, 372 N.E.2d 666; Western National Bank v. Village of Kildeer (1960), 19 Ill.2d 342, 350, 167 N.E.2d 169.) It is only where ......
  • Hayes v. Mercy Hosp. and Medical Center, Nos. 68500
    • United States
    • Supreme Court of Illinois
    • 3 Julio 1990
    ...Unambiguous terms, when not specifically defined, must be given their plain and ordinary meaning. (See, e.g., People v. Moore (1978), 69 Ill.2d 520, 523, 14 Ill.Dec. 470, 372 N.E.2d 666.) [136 Ill.2d 456] Moreover, courts should not insert words into legislative enactments when the statute ......
  • People v. Covelli, Nos. 2-87-0459
    • United States
    • Illinois Appellate Court
    • 15 Junio 1989
    ...and will be given effect [184 Ill.App.3d 122] without resorting to other aids for construction." ' " (People v. Moore (1978), 69 Ill.2d 520, 523, 14 Ill.Dec. 470, 372 N.E.2d 666, quoting Franzese v. Trinko (1977), 66 Ill.2d 136, 139-40, 5 Ill.Dec. 262, 361 N.E.2d Words employed in......
  • Request a trial to view additional results
58 cases
  • Marshall v. Lonberger, No. 81-420
    • United States
    • United States Supreme Court
    • 22 Febrero 1983
    ...respondent was sentenced in Illinois, it was not clear whether there was any minimum sentence for attempted murder. See People v. Moore, 69 Ill.2d 520, 14 Ill.Dec. 470, 372 N.E.2d 666 (1978); People v. Jones, 55 Ill.App.3d 446, 455, 13 Ill.Dec. 115, 370 N.E.2d 1142, 1149 (1977). Since then ......
  • Doyle v. Rhodes, Nos. 57554
    • United States
    • Supreme Court of Illinois
    • 20 Enero 1984
    ...a court to declare that the legislature did not mean what the plain language of the statute imports." (People v. Moore (1978), 69 Ill.2d 520, 523, 14 Ill.Dec. 470, 372 N.E.2d 666; Western National Bank v. Village of Kildeer (1960), 19 Ill.2d 342, 350, 167 N.E.2d 169.) It is only where ......
  • Hayes v. Mercy Hosp. and Medical Center, Nos. 68500
    • United States
    • Supreme Court of Illinois
    • 3 Julio 1990
    ...Unambiguous terms, when not specifically defined, must be given their plain and ordinary meaning. (See, e.g., People v. Moore (1978), 69 Ill.2d 520, 523, 14 Ill.Dec. 470, 372 N.E.2d 666.) [136 Ill.2d 456] Moreover, courts should not insert words into legislative enactments when the statute ......
  • People v. Covelli, Nos. 2-87-0459
    • United States
    • Illinois Appellate Court
    • 15 Junio 1989
    ...and will be given effect [184 Ill.App.3d 122] without resorting to other aids for construction." ' " (People v. Moore (1978), 69 Ill.2d 520, 523, 14 Ill.Dec. 470, 372 N.E.2d 666, quoting Franzese v. Trinko (1977), 66 Ill.2d 136, 139-40, 5 Ill.Dec. 262, 361 N.E.2d Words employed in......
  • Request a trial to view additional results

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