People v. Chew
2016 IL App (1st) 141494
| Ill. App. Ct. | 2016Background
- On March 5, 2012, Gabriel Marshall was robbed at gunpoint near a CTA station in Chicago; three men (Chew, Bell, Williams) participated; the encounter was captured on CTA video.
- Chew drove the silver Nissan Altima used in the offense; Williams held the gun and took Marshall’s coat; police stopped the car shortly after and recovered the coat; Williams was found near a loaded gun and magazine.
- After a bench trial, the court convicted Chew of robbery (a lesser included offense of armed robbery with a firearm) and denied a directed finding/new-trial motion.
- At sentencing the State sought an extended term based on Chew’s prior criminal history (including two prior felonies); defense emphasized Chew’s age, employment, nonviolent record, and status as a single father.
- The trial court expressly considered statutory mitigating and aggravating factors, found Chew’s criminal history aggravating, and imposed an extended 10-year prison term (plus 2 years MSR).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Chew’s 10-year extended sentence is excessive/abuse of discretion | Sentence appropriate given prior felonies and seriousness of robbery; extended term warranted | Sentence excessive given mitigating factors and rehabilitative potential | Court affirmed: within statutory range and not an abuse of discretion |
| Whether the court should have found Chew’s conduct was facilitated by others (mitigating factor) | No evidence Chew was merely facilitated; he was a willing participant | Chew argued he was primarily the driver and others facilitated the commission of the crime | Court found no evidence of facilitation by others and rejected the mitigation claim |
| Whether the court failed to adequately weigh rehabilitative potential | Court considered rehabilitative evidence but gave greater weight to offense seriousness and criminal history | Chew argued his youth, employment, nonviolent past, and parenting status warranted leniency | Court held trial court properly balanced factors; refusal to give greater weight to rehabilitation was not abuse of discretion |
Key Cases Cited
- People v. Clark, 2016 IL 118845 (Illinois Supreme Court decision noting issues when trial courts convict without firearm findings in firearm cases)
- People v. Stacey, 193 Ill. 2d 203 (2000) (trial court sentencing decisions entitled to deference)
- People v. Hauschild, 226 Ill. 2d 63 (2007) (appellate review limited absent abuse of discretion)
- People v. Alexander, 239 Ill. 2d 205 (2010) (abuse found only if sentence greatly at variance with law’s purpose or manifestly disproportionate)
- People v. Anderson, 325 Ill. App. 3d 624 (2001) (trial court not required to place rehabilitative potential above offense seriousness)