People v. Fernandez
2014 IL 115527
| Ill. | 2014Background
- Fernandez and Gonzalez planned to burglarize cars; Fernandez drove while Gonzalez broke into a parked car and Gonzalez fired at Officer Salgado.
- Officer Salgado, in uniform and armed, identified the crime and fired back; Gonzalez fled in the burgundy SUV with Fernandez driving.
- Fernandez sustained gunshots during the pursuit; later his sister Marial noted the SUV missing, bullet holes, and his injuries.
- Diaz testified he saw Fernandez with Gonzalez; later Fernandez and Gonzalez stayed at Diaz’s house; Diaz identified both men in a lineup.
- Detectives recovered evidence (including hospital-like IV) and Fernandez gave a signed statement admitting involvement in planning the burglary and concealment of the crime.
- Trial court convicted Fernandez by accountability of burglary and two counts of aggravated discharge of a firearm toward a peace officer; sentences merged to one count of aggravated discharge and a 12-year term; appellate court affirmed; Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether accountability supports aggravated discharge conviction | State: common-design evidence supports liability for acts in furtherance of burglary | Fernandez: lacked knowledge of Gonzalez’s gun; no specific intent to promote that offense | Yes, conviction affirmed under common-design accountability |
| Phillips overruled and rule alignment with Kessler | Phillips misread; common-design rule remains valid | Phillips limits accountability for unknown weapons | Phillips overruled; law favors common-design accountability |
Key Cases Cited
- People v. Kessler, 57 Ill. 2d 493 (1974) (common-design accountability; liability for acts in furtherance of planned crime)
- People v. Tarver, 381 Ill. 411 (1942) (common design principle; all participants liable for crimes committed in pursuit of design)
- People v. Dennis, 181 Ill. 2d 87 (1998) (danger of accountability based on mere presence or acquiescence)
- People v. Taylor, 186 Ill. 2d 439 (1999) (accountability requires knowledge or shared intent; driver cases discussed)
- In re W.C., 167 Ill. 2d 307 (1995) (standard for proving intent to promote or facilitate offense)
- People v. Perez, 189 Ill. 2d 254 (2000) (factors for determining shared intent and accountability)