People v. Moss, No. 91012
| Citation | 276 Ill.Dec. 855,795 N.E.2d 208,206 Ill.2d 503 |
| Decision Date | 19 June 2003 |
| Docket Number | No. 91045, No. 91049, No. 91328., No. 91052, No. 91050, No. 91013, No. 91051, No. 91048, No. 91046, No. 91012, No. 91044, No. 91047 |
| Parties | The PEOPLE of the State of Illinois, Appellant, v. Salatheo MOSS et al., Appellees. The People of the State of Illinois, Appellant, v. Salatheo Moss et al., Appellees. The People of the State of Illinois, Appellant, v. David Montagueo, Appellee. The People of the State of Illinois, Appellant, v. Joseph Campos, Appellee. The People of the State of Illinois, Appellant, v. Angel Garcia, Appellee. The People of the State of Illinois, Appellant, v. Mychael Horton, Appellee. The People of the State of Illinois, Appellant, v. Eddie Reese, Appellee. The People of the State of Illinois, Appellant, v. Joe Hunt, Appellee. The People of the State of Illinois, Appellant, v. Marco Garcia, Appellee. The People of the State of Illinois, Appellant, v. Angelo Scott, Appellee. The People of the State of Illinois, Appellant, v. Darvus Barnette, Appellee. The People of the State of Illinois, Appellant, v. Steffon Meaderds, Appellee. |
| Court | Supreme Court of Illinois |
James E. Ryan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (William L. Browers, Assistant Attorney General, Chicago, Renee G. Goldfarb, Veronica Calderon-Malavia, Annette Collins and Kathryn A. Schierl, Assistant State's Attorney's, of counsel), for the People.
Rita A. Fry, Public Defender, Chicago (Donald S. Honchell, Assistant Public Defender, of counsel), for appellees.
The common question presented in these 12 consolidated appeals is whether sentencing enhancements added to certain offenses by Public Act 91-404 (Pub. Act 91-404, § 5, eff. January 1, 2000) are constitutional. Public Act 91-404 amended the penalty portions of several statutes by adding what have been referred to as the "15/20/25-to-life" provisions. Under these provisions, a mandatory enhancement is added to the defendant's sentence if a firearm was used in the commission of the offense. The length of the enhancement varies depending on how the firearm was used. In the case at bar, defendants were charged with various offenses whose penalties were amended by Public Act 91-404, including attempted first degree murder (720 ILCS 5/8-4, 9-1 (West 2000)), armed robbery (720 ILCS 5/18-2 (West 2000)), aggravated vehicular hijacking (720 ILCS 5/18-4 (West 2000)), and aggravated kidnapping (720 ILCS 5/10-2 (West 2000)). In each case, defendants filed pretrial motions alleging that the Public Act 91-404 sentencing enhancements were unconstitutional.
The circuit court of Cook County heard and decided the pretrial motions. Nine of the cases were consolidated before one judge, who found that the sentencing amendments violated the proportionate penalties clause of the Illinois Constitution (Ill. Const.1970, art. I, § 11) and the general prohibition against double enhancement (People v. Gonzalez, 151 Ill.2d 79, 83-84, 175 Ill.Dec. 731, 600 N.E.2d 1189 (1992)). The judge granted defendants' motions to dismiss, some in full and some in part. A second judge heard arguments in the tenth case and found that the amendments at issue violated the separation of powers clause of the Illinois Constitution (Ill. Const.1970, art. II, § 1). The judge in that case dismissed the armed robbery count against defendant. The two remaining cases were consolidated before a third judge, who found that the amendments violated both the proportionate penalties and the double jeopardy clauses of the Illinois Constitution (. Interpreting this third ruling as effectively dismissing the relevant charges, the State appealed all three orders directly to this court, pursuant to Supreme Court Rule 603 (134 Ill.2d R. 603). For the reasons set forth below, we affirm in part and reverse in part the judgments of the circuit court.
Causes Nos. 91044 Through 91052
In cause No. 91044, defendant David Montagueo was charged by information with one count of armed robbery with a firearm (720 ILCS 5/18-2(a)(2), (b) (West 2000)). According to the information, on January 26, 2000, Montagueo, while armed with a handgun, took United States currency from the victim. Prior to trial, Montagueo moved to dismiss the charge on the ground that the additional 15-year penalty mandated for this offense violated, inter alia, the proportionate penalties clause of the Illinois Constitution (Ill. Const.1970, art. I, § 11) and the prohibition against double enhancement.
In causes Nos. 91045 and 91046, indictments charged defendants Joseph Campos and Angel Garcia, respectively, with multiple offenses (16 counts) stemming from the February 1, 2000, taking of a motor vehicle and other items from the victim. Included among the charges were two counts of attempted first degree murder, one with a firearm and one with personal discharge of a firearm (720 ILCS 5/8-4(a), (c)(1)(B), (c)(1)(C), 9-1(a)(1) (West 2000)); two counts of aggravated vehicular hijacking, one with a firearm and one with personal discharge of a firearm (720 ILCS 5/18-4(a)(4), (a)(5), (b) (West 2000)); two counts of armed robbery, one with a firearm and one with personal discharge of a firearm (720 ILCS 5/18-2(a)(2), (a)(3), (b) (West 2000)); and four counts of aggravated kidnapping, two with a firearm and two with personal discharge of a firearm (720 ILCS 5/10-2(a)(6), (a)(7), (b) (West 2000)). Defendants in these two cases filed essentially the same pretrial motion as did Montagueo. Campos and Garcia moved to dismiss the relevant charges against them on the basis that the additional 15- and 20-year penalties mandated for these offenses were unconstitutionally disproportionate. They also alleged, inter alia, that the penalties violated the prohibition against double enhancement.
The indictment in cause No. 91047 charged defendant Mychael Horton with multiple offenses (five counts) in connection with a shooting that occurred on March 31, 2000. Included in the charges were two counts of attempted murder, one with a firearm and one with personal discharge of a firearm causing great bodily harm (720 ILCS 5/8-4(a), (c)(1)(B), (c)(1)(D), 9-1(a)(1) (West 2000)). As in the previous cases, Horton filed a pretrial motion to dismiss the attempted murder counts on the ground that the additional 15- and 25-years-to-life penalties mandated for these offenses were, inter alia, unconstitutionally disproportionate and a violation of the prohibition against double enhancement.
Eddie Reese, the defendant in cause No. 91048, was charged by indictment with multiple offenses (six counts) stemming from a shooting that occurred on February 24, 2000. Included among the charges were four counts of attempted first degree murder, two with a firearm (one for each of the two victims) and two with personal discharge of a firearm (one for each of the two victims) (720 ILCS 5/8-4(a), (c)(1)(B), (c)(1)(C), 9-1(a)(1) (West 2000)). Reese based his pretrial motion to dismiss on the same grounds that were cited in the previous cases.
In cause No. 91049, defendant Joe Hunt was charged in a 10 count indictment with, inter alia, two counts of attempted murder, one with a firearm and one with personal discharge of a firearm causing great bodily harm (720 ILCS 5/8-4(a), (c)(1)(B), (c)(1)(D), 9-1(a)(1) (West 2000)); and two counts of armed robbery, one with a firearm and one with personal discharge of a firearm causing great bodily harm (720 ILCS 5/18-2(a)(2), (a)(4), (b) (West 2000)). According to the indictment, Hunt took United States currency from the victim in a robbery that occurred on August 29, 2000. Hunt filed essentially the same pretrial motion to dismiss as was filed in the previous cases, based on the same grounds.
Among the charges included in a 26 count indictment against Marco Garcia, defendant in cause No. 91050, were two counts of attempted murder of a peace officer with personal discharge of a firearm (720 ILCS 5/8-4(a), (c)(1)(C), 9-1(a)(1), (b)(1) (West 2000)), one for each of two Chicago police officers at whom Garcia allegedly shot on August 20, 2000. The indictment also charged Garcia with, inter alia, 12 counts of attempted murder, six with a firearm and six with personal discharge of a firearm (720 ILCS 5/8-4(a), (c)(1)(B), (c)(1)(C), 9-1(a)(1) (West 2000)). According to the indictment, Garcia shot at four other victims in addition to the two police officers. Garcia filed essentially the same pretrial motion to dismiss as did defendants in the previous cases.
In cause No. 91051, defendant Darvus Barnette was charged in a four-count indictment with two counts of aggravated vehicular hijacking with a firearm (720 ILCS 5/18-4(a)(4), (b) (West 2000)) and two counts of armed robbery with a firearm (720 ILCS 5/18-2(a)(2), (b) (West 2000)). According to the allegations in the indictment, on September 3, 2000, Barnette took a motor vehicle from the two victims, a cellular telephone from one of them, and United States currency from the other. Prior to trial, Barnette moved to dismiss the indictment on the same grounds cited in the previous cases.
Angelo Scott, defendant in cause No. 91052, was charged by indictment (10 counts) with, inter alia, one count of armed robbery with a firearm (720 ILCS 5/18-2(a)(2), (b) (West 2000)). According to the indictment, on October 14, 2000, Scott took a wallet and United States currency from the victim. As in the previous cases, Scott filed a pretrial motion to dismiss the indictment on the ground that the 15-year additional penalty mandated for this offense was unconstitutional.
As noted, these nine cases were consolidated before one circuit court judge. On January 17, 2001, the judge granted defendants' motions to dismiss, some in full and some only in part. The circuit court found that the 15- and 20-year additions mandated by Public Act 91-404 violated the proportionate penalties clause of the Illinois...
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