People v. Brown
968 N.E.2d 658
Ill. App. Ct.2012Background
- Brown was charged May 28, 2009 with home invasion and armed robbery with a firearm at Worsham's Belleville residence.
- Jury found Brown guilty of armed robbery with a firearm and not guilty of home invasion.
- At sentencing (June 2, 2010), the State asserted a 15-year enhancement under 18-2(b) due to use of a firearm; defense objected.
- The court sentenced Brown to 22 years plus a 3-year mandatory supervised release, including the 15-year enhancement.
- Brown filed a pro se motion (June 30, 2010) seeking reduction; court denied (Sept. 2, 2010) after considering mitigating factors.
- On appeal, the court addressed whether Hauschild invalidated the 15-year enhancement and whether Pub. Act 95-688 revived it; court held the enhancement was revived and valid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 15-year enhancement for firearms in armed robbery survives Hauschild. | Brown argues the enhancement violates proportionate penalties. | State argues Pub. Act 95-688 amended and revived the enhancement. | Yes; the enhancement was revived and applicable. |
Key Cases Cited
- People v. Hauschild, 226 Ill.2d 63 (Ill. 2007) (held 15-year enhancement violates proportionate-penalties clause)
- People v. Gersch, 135 Ill.2d 384 (Ill. 1990) (void-ab-initio rationale for unconstitutional statutes)
- People v. Lewis, 175 Ill.2d 412 (Ill. 1996) (held armed violence predicated on robbery unconstitutional when compared to armed robbery)
- People v. Coleman, 399 Ill.App.3d 1150 (Ill. App. 2010) (discussed void-ab-initio and revival under later amendments)
- People ex rel. Daley v. Joyce, 126 Ill.2d 209 (Ill. 1988) (right to jury trial; context for procedural unconstitutionality)