People v. Clemons
2012 IL 107821
Ill.2012Background
- Clemons was convicted of armed robbery while armed with a firearm and home invasion while armed with a firearm, both Class X felonies with firearm enhancements, yielding a 21–45 year range.
- The trial court imposed 25-year terms for each offense, to be served concurrently.
- Hauschild held that the penalty for armed robbery while armed with a firearm violated the proportionate penalties clause because it was harsher than the identical armed-violence offense predicated on robbery with a weapon.
- Public Act 95-688 amended the armed-violence statute to remove armed robbery as a predicate, creating overlap issues post-Hauschild.
- Appellate and Supreme Court proceedings questioned whether Hauschild should be overruled and whether the identical elements test remains valid.
- The majority affirmatively preserves Hauschild and the identical elements test, remanding for resentencing under the pre-amendment armed robbery statute; the special concurrence would restructure the remand remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should the identical elements test be overruled or abandoned? | State: Hauschild should be overruled; identical elements test is flawed. | Clemons: Hauschild should stand; the test remains valid. | Court declines to overrule the identical elements test. |
| Does Public Act 95-688 invalidate Hauschild’s interpretation or otherwise affect the test? | State: amendment shows Hauschild’s interpretation was wrong and supports overruling. | Clemons: Lieberman-based change cannot retroactively overrule Hauschild; Hauschild remains controlling for pre-amendment statute. | Hauschild remains the law as to the armed-violence meaning prior to the 95-688 amendment. |
| What is the proper remedy when a proportionate-penalties challenge succeeds under the identical elements test? | State: strike the entire higher sentencing statute and remand to the lower pre-amendment range. | Clemons: defendant should be sentenced under the pre-amendment statute only for the overlapping range; avoid discarding overlapping portions. | Remand for resentencing under the armed robbery statute as it existed prior to the amendment; 6–30 years range via overlap guidance applied by remand court. |
| Is the identical elements test inconsistent with the Eighth Amendment or other jurisdictions' approaches? | State: test is constitutionally suspect and paralleled by other jurisdictions’ approaches. | Clemons: test remains consistent with Illinois Constitution and federal Eighth Amendment protections when properly applied. | Test remains consistent with Article I, Section 11 of the Illinois Constitution and is not overruled by Eighth Amendment considerations. |
Key Cases Cited
- People v. Christy, 139 Ill. 2d 172 (1990) (first application of the identical elements test; disproportionate penalties for identical offenses)
- People v. Hauschild, 226 Ill. 2d 63 (2007) (proportionate penalties violation where armed robbery with firearm versus armed violence by category I/II weapon)
- People v. Sharpe, 216 Ill. 2d 481 (2005) (retains the identical elements approach in proportionate penalties review)
- People v. Lewis, 175 Ill. 2d 412 (1996) (early rejection of disparate penalties for identical elements (armed violence vs. armed robbery))
- Koppa v. People, 184 Ill. 2d 159 (1998) (arrests the presence of additional elements; relevance to identical-elements analysis)
- People v. Lieberman, 201 Ill. 2d 300 (2002) (legislative cleanup amendments and their effect on statutory interpretation)
- People v. McDonald, 168 Ill. 2d 420 (1995) (discussion of the relationship between the Illinois Constitution’s penalties clause and the Eighth Amendment)