2014 IL App (1st) 113335
Ill. App. Ct.2014Background
- Bishop pled guilty on March 20, 1985 to murder and attempted armed robbery for the May 30, 1984 Velasquez killing.
- Mittimus sentenced Bishop to 80 years for murder and 15 years for attempted armed robbery; indictment listed multiple murder counts including felony murder and attempted armed robbery.
- Record shows mittimus identified counts I (intentional murder) and V (attempted armed robbery); report of proceedings inconsistently described counts, labeling a murder count as the merged counterpart to a different count.
- Supreme Court/Cardona framework holds a single murder conviction hinges on the most serious offense among intentional, knowing, and felony murder; intentional murder is most serious.
- Trial court’s ambiguity regarding which murder counts merged into which and the sentencing reference led to questions whether Bishop was convicted of felony murder or intentional murder; court ultimately held intentional murder was the conviction and that armed robbery was not a predicate offense for intentional murder.
- Section 2-1401 petition dismissed as untimely under the two-year limitation, with voidness exception not applying since his conviction was not void but voidable, and double jeopardy claim rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bishop was convicted of felony murder or intentional murder | Bishop argues felony murder, with other murders merging into it. | State contends Bishop was convicted of intentional murder, not felony murder. | Bishop was convicted of intentional murder; felony murder merged. |
| Whether armed robbery was a predicate offense to intentional murder (one-act, one-crime) | Armed robbery as predicate would violate one-act, one-crime rules. | Armed robbery is not a predicate to intentional murder. | Armed robbery not a predicate; no one-act, one-crime violation. |
| Whether the 2-1401 petition was timely (statute of limitations) | Petition timely under voidness tolling? | Petition untimely under two-year limit. | Petition untimely; dismissed. |
Key Cases Cited
- People v. Cardona, 158 Ill.2d 403 (1994) (single victim supports one conviction for the most serious murder)
- People v. Peeples, 155 Ill.2d 422 (1993) (record controls when mittimus and report conflict on conviction)
- People v. Vincent, 226 Ill.2d 1 (2007) (two-year 2-1401 period; voidness exception for judgments void ab initio)
- Sarkissian v. Chicago Board of Education, 201 Ill.2d 95 (2002) (voidness and tolling; 2-1401 timing framework)
- In re Jonathon C.B., 2011 IL 107750 (2011) (presumed following law by sentencing judge; ambiguity in record)
- People v. King, 66 Ill.2d 551 (1977) (one-act, one-crime/general principle on multiple convictions)
- People v. Coady, 156 Ill.2d 531 (1993) (armed robbery as included offense to felony murder)