People v. Campbell
2 N.E.3d 1249
Ill. App. Ct.2014Background
- April 27, 2010: Campbell and another man assaulted Zack Koehler by striking him with handguns; police chased vehicle, recovered two handguns, and matched Campbell’s fingerprint to a magazine.
- May 2010: State charged Campbell with attempted armed robbery, two counts of aggravated battery, and two counts of aggravated unlawful use of a weapon (AUUW).
- April 2012: Jury convicted Campbell of both aggravated battery counts and both AUUW counts; acquitted of attempted armed robbery.
- August 2012: Trial court entered judgment on one aggravated battery count and one AUUW count (under 720 ILCS 5/24-1.6(a)(1),(a)(3)(A)) and sentenced Campbell to concurrent 5-year prison terms.
- Posttrial: Campbell appealed, arguing the AUUW conviction was void because the statute provision was facially unconstitutional and that the court erred by ordering him to pay court-appointed counsel costs without an ability-to-pay hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction under 720 ILCS 5/24-1.6(a)(1),(a)(3)(A) is valid | State: conviction valid because Campbell is a convicted felon and felon-possession prohibitions survive Heller/McDonald | Campbell: statute provision is facially unconstitutional under Aguilar and thus void | Reversed: provision is facially unconstitutional per People v. Aguilar; AUUW conviction under (a)(3)(A) void |
| Whether conviction can be entered under alternate AUUW theory (a)(3)(C) | State: not explicitly argued on appeal; urged preservation of conviction where supported by other verdicts | Campbell: challenged only the (a)(3)(A) conviction on constitutional grounds | Remanded: trial court directed to enter conviction and sentence under (a)(1),(a)(3)(C) (possession without a valid FOID) and resentence accordingly |
| Whether trial court properly ordered payment for court-appointed counsel without a hearing | State concedes court erred in ordering $4,300 without hearing | Campbell: trial court failed to hold required ability-to-pay hearing before imposing fee | Vacated and remanded: payment order vacated; remand for required hearing on ability to pay |
| Overall disposition as to aggravated battery conviction | N/A (State defended conviction) | Campbell did not challenge aggravated battery on appeal | Affirmed: aggravated battery conviction and sentence affirmed |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (Second Amendment protects individual right to possess firearms for self-defense in home)
- McDonald v. City of Chicago, 561 U.S. 742 (U.S. 2010) (Second Amendment incorporated against the states)
- Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012) (recognizes right to possess firearms for self-defense outside the home)
- People v. Aguilar, 2013 IL 112116 (Ill. 2013) (Illinois Supreme Court held 720 ILCS 5/24-1.6(a)(1),(a)(3)(A) facially unconstitutional)
- People v. Somers, 2013 IL 114054 (Ill. 2013) (due-process requirement for notice and an ability-to-pay hearing before imposing counsel-fee obligations)
- People v. Dixon, 91 Ill.2d 346 (Ill. 1982) (trial court may enter judgment on a valid offense supported by the verdict even if judge characterized conviction differently)