People v. Blair
2013 IL 114122
| Ill. | 2013Background
- Blair was convicted of armed robbery while armed with a firearm (720 ILCS 5/18-2(a)(2)) and received a 15-year enhancement under 18-2(b].
- Public Act 95-688 (Oct. 23, 2007) amended the armed violence statute to bar robbery as a predicate for armed violence.
- Hauschild (2007) held the 15-year enhancement for armed robbery unconstitutional under the proportionate penalties clause.
- Appellate court reversed, holding PA95-688 could not revive the armed robbery enhancement by amending the armed violence statute.
- This Court held that PA95-688 revived the armed robbery enhancement by amending the armed violence statute, affirming the circuit court’s enhanced sentence.
- The decision discusses the void ab initio doctrine, separation of powers, and the permissible methods to remedy identical elements proportionality violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Revival of enhancement by PA95-688 | State: PA95-688 revived the enhancement | Blair: revival not possible without reenactment of the armed robbery provision | Yes, PA95-688 revived the enhancement |
| Void ab initio and revival mechanics | State: void ab initio does not prevent revival via amendment of a different statute | Blair: statute void ab initio cannot be revived | Void ab initio does not prevent revival by statute amendment |
| Remedy route for identical elements violation | State: amend comparison statute suffices to restore proportionality | Blair: revival could require amendment of the challenged statute or reenactment | Amendment of the comparison statute can remedy the violation; revival permitted via PA95-688 |
Key Cases Cited
- People v. Walden, 199 Ill. 2d 392 (Ill. 2002) (15-year enhancement unconstitutional under cross-comparison prior to Sharpe)
- People v. Lewis, 175 Ill. 2d 412 (Ill. 1996) (armed violence vs armed robbery proportionality before Act 91-404)
- People v. Sharpe, 216 Ill. 2d 481 (Ill. 2005) (discontinued cross-comparison analysis for proportionality)
- People v. Hauschild, 226 Ill. 2d 63 (Ill. 2007) (held 15-year enhancement unconstitutional under identical elements prior to PA95-688)
- People v. Clemons, 2012 IL 107821 (Ill. 2012) (affirms approach post-PA95-688 and clarifies revival mechanics)