People v. Daniels
2017 IL App (1st) 142130
Ill. App. Ct.2017Background
- Ronald Daniels was arrested on a bus possessing a revolver and four rounds; charged with multiple AUUW counts and two UUWF counts.
- Daniels pled guilty to one AUUW count (possession of an unloaded firearm with ammunition immediately accessible) and received a 6-year sentence; the State nol-prossed the remaining counts per the plea agreement.
- After serving his sentence, Daniels filed a section 2-1401 petition arguing his conviction was invalid under People v. Aguilar (challenging the AUUW provision covering possession outside the home).
- The trial court denied the 2-1401 petition; Daniels appealed. The State conceded the conviction must be vacated under subsequent authority (People v. Burns) but sought reinstatement of several nol-prossed counts for the first time on appeal.
- The appellate court (after a supreme court supervisory order to consider People v. Shinaul) held Daniels’ conviction must be vacated but concluded it lacked jurisdiction to decide the State’s reinstatement request because the trial court never ruled on reinstatement in the 2-1401 proceeding.
Issues
| Issue | State's Argument | Daniels' Argument | Held |
|---|---|---|---|
| Whether Daniels’ AUUW conviction under subsection (3)(B) is unconstitutional | Subsection (3)(B) is constitutional as applied and distinct from the form invalidated in Aguilar | Aguilar’s reasoning applies to (3)(B); the conviction is void and must be vacated | Vacated: (3)(B) is invalid under Aguilar; conviction vacated |
| Whether Burns changes application of Aguilar when defendant has prior felony | The Class 2 sentencing form preserves conviction despite Aguilar | Aguilar (and Burns) apply regardless of Class 2 vs Class 4 labels | Burns confirms Aguilar’s reasoning applies regardless of felony-class labeling |
| Whether appellate court has jurisdiction to consider State’s request to reinstate nol-prossed counts raised on appeal | Appellate court may consider reinstatement as part of this appeal | Jurisdiction is limited to issues decided by the trial court in the 2-1401 proceeding | No jurisdiction: Shinaul permits review only when trial court decided reinstatement in its final order |
| Whether Shinaul allows appellate review of reinstatement when trial court did not rule on it | State urges Shinaul supports appellate consideration here | Daniels argues Shinaul requires the issue to have been presented and decided below | Shinaul limited jurisdiction to review where trial court ruled on reinstatement; appellate court lacks jurisdiction when issue is raised first on appeal |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court) (invalidated AUUW provisions as to possession outside the home under Second Amendment)
- People v. Burns, 2015 IL 117387 (Illinois Supreme Court) (clarified Aguilar applies irrespective of "Class 4" or "Class 2" labels)
- People v. Shinaul, 2017 IL 120162 (Illinois Supreme Court) (held appellate jurisdiction exists for reinstatement where trial court decided reinstatement in its final order; statute of limitations can bar reinstatement)
- People v. Hughes, 2012 IL 112817 (Illinois Supreme Court) (noting State may seek new indictment or move to vacate a nolle prosequi subject to defenses)
- Warren County Soil & Water Conservation Dist. v. Walters, 2015 IL 117783 (Illinois Supreme Court) (section 2-1401 is a separate civil action; legal challenges reviewed de novo)
- People v. Henderson, 2013 IL App (1st) 113294 (Illinois Appellate Court) (vacating convictions based on statutory sections invalidated under Aguilar)