People v. Crosby
2017 IL App (1st) 121645
Ill. App. Ct.2017Background
- On December 31, 2010, Chicago police found Ronald Crosby holding a handgun in a third-floor apartment; Crosby fled and was captured after jumping from a bedroom window.
- Crosby was charged with armed habitual criminal (AHC) and multiple counts of unlawful use of a weapon by a felon (UUWF); the AHC count relied on two prior felony convictions (2001 AUUW and 2003 aggravated battery of a peace officer).
- The parties stipulated at trial that both prior convictions qualified as predicate offenses for AHC; the State tried AHC plus one UUWF count premised on the 2003 conviction.
- A jury acquitted Crosby of UUWF but convicted him of AHC; he was sentenced to eight years’ imprisonment.
- On appeal and following multiple supplemental briefs and supervisory direction from the supreme court, the panel considered whether Crosby’s stipulation could bind him where his 2003 aggravated battery conviction did not qualify as a predicate for AHC.
- The State conceded that without the stipulation the 2003 conviction could not serve as an AHC predicate; the court reversed the AHC conviction and rejected the State’s request to reduce to UUWF because double jeopardy barred entry of a UUWF conviction after the jury’s acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crosby’s 2003 aggravated battery of a peace officer conviction qualified as an AHC predicate | The stipulation made the 2003 conviction a qualifying predicate for AHC | The 2003 conviction is not among offenses listed in the AHC statute and is not a forcible felony under Section 2-8, so it cannot serve as a predicate | The 2003 aggravated battery conviction does not qualify as an AHC predicate; conviction cannot stand despite the stipulation |
| Whether the court may reduce reversed AHC conviction to UUWF based on a different prior felony (2001) after acquittal on UUWF premised on 2003 conviction | The State: enter a UUWF conviction predicated on the 2001 felony and remand for sentencing | Crosby: double jeopardy bars entering a UUWF conviction after jury acquittal on UUWF charge (predicated on 2003) | Double jeopardy bars entry of a UUWF conviction after acquittal on a factually equivalent UUWF charge; reversal of AHC is outright (no reduction to UUWF) |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (supreme court struck down AUUW statute provision relied upon in earlier proceedings)
- People v. McFadden, 2016 IL 117424 (explained interplay of UUWF proof and felon-status proof; guided reconsideration)
- People v. Walker, 211 Ill. 2d 317 (clarified that UUWF requires proof only of defendant’s felon status)
- Blockburger v. United States, 284 U.S. 299 (same-elements test for double jeopardy)
- People v. Schmidt, 392 Ill. App. 3d 689 (interpreting forcible-felony definition and that aggravated battery not listed cannot be treated as "other felony" for section 2-8 purposes)
- People v. Henry, 204 Ill. 2d 267 (double jeopardy principles applied to successive prosecutions)