People v. Brown
2012 IL App (5th) 100452
Ill. App. Ct.2012Background
- Brown was convicted of armed robbery with a firearm under 720 ILCS 5/18-2(a)(2) and acquitted of home invasion after a jury trial.
- He was sentenced to 22 years for armed robbery plus a 3-year mandatory supervised release; the sentence included a 15-year enhancement under 18-2(b) for use of a firearm.
- Hauschild held that the 15-year enhancement for armed robbery with a firearm violated the proportionate-penalties clause because armed robbery and armed violence predicated on robbery had identical elements but different penalties.
- Public Act 95-688 amended the armed-violence statute to remove certain predication elements, effectively curing the proportionality problem but not changing the 15-year enhancement for armed robbery with a firearm.
- Brown argued the enhancement was unconstitutional and void ab initio due to Hauschild; the State argued the enhancement could be revived by the statutory amendment.
- The court held that the enhancement was revived by Public Act 95-688 and correctly applied at Brown’s sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 15-year enhancement applies after Hauschild. | People argues enhancement remains viable post- Hauschild due to revival by statute. | Brown contends enhanced penalty is void under Hauschild’s ruling. | Enhancement revived and applicable. |
| Did Public Act 95-688 cure the proportionality violation? | Statute cured the violation by removing armed-violence predication from robbery. | Hauschild would render enhancement invalid regardless of amendment. | Act cured the proportionality violation. |
| Is the claim of void ab initio barred by caselaw on revival? | Gersch concerns void ab initio when a statute is unconstitutional. | Hauschild and revival show statute not void ab initio. | Not void ab initio; revival valid. |
Key Cases Cited
- People v. Hauschild, 226 Ill. 2d 63 (Ill. 2007) (held 15-year enhancement violated proportionality; revived by statute)
- People v. Lewis, 175 Ill. 2d 412 (Ill. 1996) (Armed-violence predicated on robbery unconstitutional due to penalties)
- People v. Gersch, 135 Ill. 2d 384 (Ill. 1990) (void ab initio concept for unconstitutional statutes; context of jury rights)
- People v. Sharpe, 216 Ill. 2d 481 (Ill. 2005) (de novo review of constitutionality of statutes; deference to sentencing legislature)